IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 OP(C).No. 2833 of 2011(O) ------------------------------------- E.P. NO.1510/2010 IN OS.480/2004 OF MUNSIFF COURT, THALIPARMBA .................... PETITIONER (S): ------------------------ AATTUPURATH BINU ,S/O.JOSE, AGED 56 YEARS ALAKODE AMSOM, ARANGAM DESOM, KARTHIKAPURAM POST, TALIPARAMBA TALUK. BY ADV. SRI.V.C.JAMES SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENT(S): ------------------------- 1. KALLOLIMATTATHIL JOSEPH ,S/O.DEVASSIA AGED 58 YEARS, AGRICULTURIST, RESIDING AT THALIPARA, ALAKODE AMSOM ,ARANGAM DESOM, TALIPARAMBA TALUK, PIN 670 576. 2. UDAYAGIRI PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALAKODE AMSOM, ARANGAM DESOM, POST KARTHIKAPURAM,TALIPARAMBA TALUK,PIN 670 576. 3. PAYYAN VEETTIL RAVEENDRAN,CONVENER, MUNDERITHATTU THALATHANI MUTHUSSERY ROAD, NIRMANA COMMITTEE RESIDING AT THALIPARA, ALAKODE AMSOM, ARANGAM DESOM, POST KARTHIKAPURAM, TALIPARAMBA TALUK,PIN 670 576. ( HOUSE NO. AND WARD NO. NOT KNOWN). THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.2833/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 28.6.2008 IN OS. 480/2004 BEFORE THE MUNSIFF'S COURT, TALIPARAMBA. P2:- COPY OF THE DECREE IN OS. 480/2004 DTD. 28.6.2008 BEFORE THE MUNSIFF'S COURT, TALIPARAMBA. P3:- COPY OF THE MEMORANDUM OF APPEAL IN AS. 54/2011 FILED BEFORE THE SUB COURT, PAYYANNUR. P4:- COPY OF THE DELAY CONDONATION APPLICATION IA. NO.1551/2011 IN AS. 54/2011. P5:- COPY OF THE EP. 1510/2010 IN OS. 480/2004 BEFORE THE MUNSIFF'S COURT, TALIPARAMBA. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2833 of 2011 -------------------------------------- Dated this the 26th day of August, 2011. JUDGMENT One of the judgment debtor in E.P.No.1510 of 2010 in O.S.No.480 of 2004 of the court of learned Munsiff, Thaliparamba is the petitioner before me challenging the issue of warrant against him for recovery of the amount due under the decree. Though various contentions are raised on the correctness of the order issuing warrant of arrest, a copy of the order issuing warrant is not produced in this Court and hence it is not necessary for me to go into those questions. Learned counsel has submitted that against the exparte decree petitioner has filed an appeal but, that appeal was not admitted since there is a delay of 1093 days in filing the same. Learned counsel submitted that petitioner had filed written statement in the suit but the counsel who was appearing for the petitioner left the place without intimating petitioner about that and thus, there happened to be an exparte decree. 2. Having heard counsel, I am inclined to permit petitioner request the executing court for facility to pay the amount due in installments (without prejudice to the contention that he has raised in the appeal) and keep the warrant of arrest in abeyance for some time to facilitate such request. Resultantly this Original Petition is disposed of as follows: OP(C) No.2833/2011 2 i. Petitioner is permitted to request the executing court for installment facility to pay the amount due under the decree in installments (without prejudice to the contention that he has raised in the appeal). If any such request is made, executing court shall decide on that request after hearing counsel for respondent/decree holder also. ii. To facilitate such request for installment facility, it is directed that warrant of arrest issued against petitioner will stand in abeyance for a period of one month from this day on condition that petitioner deposited in the executing court `5,000/- (Rupees five thousand only) within two weeks from this day for payment to the respondent (subject to the result of the appeal). iii. It is directed that in case the amount as aforesaid is not paid it is open to the executing court to proceed with personal execution against petitioner as ordered. iv. Warrant of arrest issued against petitioner will stand in abeyance during the said period of one month or till there is default in making payment as above stated, whichever is earlier. THOMAS P.JOSEPH, Judge. cks