IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 OP(C).No. 531 of 2010(O) ------------------------ AGAINST THE ORDER IN EP.367/2008 IN OS.19/2007 of PRL.SUB COURT,THALASSERY .................... PETITIONER/JUDGMENT DEBTOR: ----------------------------------------------- DR.SUKUMARAN K.M., S/O.K.C.MANIKKANDAN, 51 YEARS OF AGE, RESIDING AT NEELAMBARI, PALLIKKUNNU AMSOM DESOM, KANNUR. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SRI.ANIL.D.KAITHAKKAL RESPONDENT: --------------- STATE BANK OF TRAVANCORE, KANNUR, CIVIL STATION BRANCH, SOUTH BAZAR, KANNUR, REPRESENTED BY ITS CHIEF MANAGER-670003 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.531 of 2010 --------------------------------------- Dated this 02nd day of November, 2010 JUDGMENT Heard both sides. 2. Judgment debtor in E.P.No.367 of 2008 in O.S.No.19 of 2007 of the court of learned Principal Sub Judge, Thalasery is the petitioner before me. He has suffered a money decree on 27-11-2008 and warrant of arrest was issued to him twice but, he could not be arrested and produced before court. In the meantime he has deposited certain amounts. Thereafter he filed an application to recall the warrant which was dismissed by the executing court on 29-10-2010. That order is under challenge. Though learned counsel for petitioner has raised various contentions in this petition in challenge of the impugned order, at the time of hearing he has only made a request to grant some time to pay the balance amount. I have heard learned counsel for respondent also. 3. Having heard counsel on both sides, I am inclined to give three months' time to the petitioner to pay the entire balance amount due under the decree. O.P(C).No.531 of 2010 : 2 : Resultantly this petition is disposed of in the following lines: (i) Petitioner is permitted to pay the entire balance amount due under the decree in three monthly installments beginning from 01-12-2010 provided that by the last installment the entire balance amount due is paid. (ii) Petitioner shall deposit the amount on or before the 5th of every month in the executing court for payment to the respondent. (iii) In case of default in payment of any one installment or the entire amount is not paid within the time granted hereby, it will be open to the respondent to seek personal execution against petitioner without any further enquiry as to means. (iv) Warrant of arrest issued to the petitioner will stand in abeyance during the said period of three months beginning from 01-12-2010 or till default as stated in clause (iii) is committed, whichever is earlier. (THOMAS P JOSEPH, JUDGE) Sbna/-