IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 30264 of 2009(O) -------------------------- AGAINST THE ORDER IN EP/389/2007 IN OS.649/2002 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- P.P.CHANDRAN, S/O.PUSHKARAN, PANDARI HOUSE, PATTIKKAD DESOM, PANACHERY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.V.K.RAFEEK SRI.BINOJ C AUGUSTINE RESPONDENT(S): --------------- KURILAND (P) LIMITED, UNITY BUILDINGS, MANNADIAR LANE, THRISSUR VILLAGE, THRISSUR TALUK. ADV. SRI.M.P.RAMNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.30264/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT PASSED BY THE SUBORDINATE JUDGE, THRISSUR IN O.S.NO.649/2002 DATED 7.3.2003. EXT.P2: COPY OF THE PETITION FILED BY THE PETITIONER DATED 15.9.2009. EXT.P3: COPY OF THE ORDER PASSED BY THE SUBORDINATE JUDGE, THRISSUR DATED 5.10.2009. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.30264 OF 2009 (O) ----------------------------------- Dated this the 18th day of December, 2009 J U D G M E N T Petitioner is the 4th defendant in E.P.No.389 of 2007 in O.S.No.649 of 2002 on the file of the Sub Court, Thrissur. Challenge raised in the writ petition is against an order passed by the petitioner/4th defendant for annulling the order of the execution court issuing warrant against him. Pursuant to orders passed at the time of hearing of the writ petition, petitioner/4th defendant has deposited a sum of Rs.25,000/- on the decree debt due. Balance outstanding on the decree debt, it is submitted, is approximately Rs.25,000/-. The only plea canvassed at the time of hearing is for indulgence of this Court for granting instalment facility for discharging the debt. The learned counsel for the decree holder has no objection in granting that request subject to fixation of reasonable sum as instalment. Considering the submissions made and taking note of the facts and circumstances presented, the petitioner/4th defendant is directed to discharge the decree WPC.30264/09 2 debt outstanding in four equal monthly instalments of Rs.6,000/- each commencing from January, 2010 onwards. The first instalment should be deposited before court/paid to decree holder and receipt collected, on or before 15th January, 2010. In case, the 15th of the month happens to be a holiday, such payment shall be effected on the next working day itself. In the event of default of even one instalment, the decree holder is at liberty to proceed for realisation of the balance outstanding in lump discarding the instalment facility extended under this judgment. Petitioner/4th defendant shall pay whatever outstanding amount due as decree debt in the last and final instalment irrespective of the sum fixed. The court below shall close the execution petition, but, it shall revive in the event of the default of the petitioner/4th defendant in complying with the instalment facility extended, and in that case, the court below shall straight away issue warrant against him. Writ petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp WPC.30264/09 3