IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 CRP.No. 194 of 2008() --------------------- AGAINST THE ORDER DATED 8/1/08 IN EP 437/2004 IN OS.262/2003 of PRL.SUB COURT,IRINJALAKUDA .................... REVN. PETITIONERS/JUDGMENT DEBTORS 1, 2 AND 4/DEFENDANTS 1, 2 AND 4.: ------------------------------------------------------------------------------------------ 1. JOJU THOMAS,S/O.KALAN THOMAS,NELLAYI AMSOM, PARAPUKARA VILLAGE, MUKUNDAPURAM TALUK. 2. JOHN THOMAS,S/O.KALAN THOMAS, NELLAYI AMSOM, PARAPUKARA VILLAGE, MUKUNDAPURAM TALUK. 3. VINCENT,S/O.POKATHU KOCHU DEVASSY IRINJALAKUDA VILLAGE DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT/DECREE HOLDER/PLAINTIFF: ---------------------------------------------------- SUSAKTHA FINANCE AND CHITS LTD. THORAVU VILLAGE, PUDUKAD DESOM, THE FIRM REP BY MANAGING DIRECTOR, SATHEESAN,S/O,.VELAYUDHAN NENMANI VILLAGE, MUKUNDAPURAM TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- C.R.P.No. 194 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 O R D E R This revision is preferred against the order of Principal Subordinate Judge, Irinjalakuda in E.P.No.437/04 in O.S.No.262/03 whereby in the light of the contentions withdrawn the Court ordered arrest of judgment debtors 1, 2 and 4. It is seen that some amount is paid during the pendency of the execution proceedings. A perusal of the reports would reveal that they have pleaded their inability to pay the amount in lump. But, ultimately to avoid further complications, they withdrew the contentions. But the Court instead of granting time, recorded the same and also recorded that no payment is made and ordered arrest. The learned counsel for the revision petitioner contend that if some breathing time is given, the amount shall be paid. There is some force in the said contention and there is no point in sending persons to jail when they are prepared to pay the CRP.194/08 2 amount. Therefore the Civil Revision Petition is disposed of as follows: 1. Judgment debtors 1, 2 and 4 are directed to pay the amount due under the decree in six equal monthly instalments and the first is to commence from 07.04.2008. 2. If the first instalment is not paid or if there is default of two consecutive instalments, thereafter the benefit conferred upon the petitioners would stand cancelled. 3. In the light of this order, the warrant of arrest shall not be executed till the default is made. M.N.KRISHNAN, JUDGE. dsn