IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28785 of 2008(B) -------------------------- AGAINST THE ORDER IN EP 31/2005 IN OS.360/1997 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER(S): --------------- BABU NAMBOOTHIRI, AGED 42 YEARS, S/O. NARAYANAN NAMBOOTHIRI, PAIKKATTUMANA, THURUTHY P.O., KURUPPAMPADY. BY ADV. SRI.S.VINOD BHAT RESPONDENT(S): --------------- GEORGE KIZHAKKUMASSERY, PROPRIETOR, SOUTH INIDAN FINANCE, PERUMBAVOOR, S/O. PAILY, KIZHAKKUMASSERY HOUSE, VENGOLA P.O.,PERUMBAVOOR, PIN.683554 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) . NO. 28785 of 2008 * * * * * * * * * * * * * * * * * * Dated: 30-09-2008 JUDGMENT Petitioner who is the judgment debtor in E.P. 31 of 2005 in O.S. No. 360 of 1997 on the file of the Munsiff's Court, Perumbavoor challenges Ext.P1 order dated 18-3-2006 passed by the executing court ordering warrant of arrest against the petitioner. The said suit was one for realisation of a sum of Rs. 40,000/-. The amount due as on 20-10-2008 is Rs. 1,12,603/-. The petitioner has not paid any amount towards the decree debt. 2. As per Ext.P1 order, the executing court has found that the petitioner had the means to pay the decree amount and refused to pay the same. It is a pure finding of fact and this Court will be loathe to interfere with the said finding sitting in the rarefied visitorial jurisdiction under Art. 227 of the Constitution W.P.(C) No. 28785 of 2008 -:2:- of India. However, the petitioner is given one month's time from today to deposit a sum of Rs. 75,000/- (Rupees seventy five thousand only) before the executing court. In case the petitioner deposits the said amount before the executing court, that court shall consider granting the petitioner the benefit of installment facility for the balance amount payable, after hearing the decree holder as well. The arrest warrant issued against the petitioner shall be kept in abeyance for a period of one month and subject to further orders to be passed thereafter in case the petitioner makes the initial deposit as stated above. This Writ Petition is disposed of as above. Dated this the 30th day of September 2008. V. RAMKUMAR, (JUDGE) ani. W.P.(C) No. 28785 of 2008 -:3:-