IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 29565 of 2009(O) ---------------------------------------- AGAINST THE ORDER IN EP 79/08 IN OS.564/2005 of PRINCIPAL SUB COURT,ERNAKULAM . .................... PETITIONER(S): ------------------------- B.R.AJITH, S/O.K.B.UNNITHAN, ARCHITECT, SILVER NEST APARTMENTS, SILVER SAND ISLAND, VYTTILA P.O., KOCHI-682 O19. BY ADVS.MR.N.SUBRAMANIAM MR.M.S.NARAYANAN MR.P.T.GIRIJAN SMT.USHA NARAYANAN RESPONDENT(S): -------------------------- M.P.MICHEALS @ MAX MICHEALS, S/O.LATE P.M.MICHEAL, PAYYAPPILLY HOUSE, VENNALA, COCHIN-682 025, NOW RESIDING AT NO.15, MAGNOLIA DRIVE, GREAT NECK, NEW YORK, U.S.A. R1 BY ADV. MR.GEORGE THOMAS (MEVADA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29565/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT TO EXECUTE THE DECREE IN OS. 564/05 OF THE HONOURABLE SUB COURT, ERNAKULAM. P2:- COPY OF THE LETTER ISSUED BY HDFC BANK TO THE PETITIONER. P3:- AFFIDAVIT IN SUPPORT OF APPLICATION TO RECALL WARRANT OR ARREST AND APPLICATION TO RECALL WARRANT OF ARREST. TRUE COPY P.A. TO JUDGE tss P. BHAVADASAN, J --------------------------- W.P.(C).No.29565 OF 2009 ----------------------------------- Dated this the 29th day of March, 2010 J U D G M E N T When the matter was taken up for hearing the only prayer made was the petitioner may be allowed to pay the final decree amount in installments. 2.The learned counsel appearing for the respondent pointed out that huge amount is still due from the petitioner and he may be directed to make substantial payments. 3. The learned counsel appearing for the petitioner pointed out that the petitioner had already deposited the amount as per the direction of this court and the petitioner now prays that he may be allowed to pay monthly installments of Rs.3,00,000/- to wipe off the decree debt. W.P.(c) No.29565/09 2 The request seems to be reasonable. The petitioner is therefore granted permission to pay the balance decree in installments of Rs.3,00,000/-, first of which shall be paid on or before 30.4.2010 and the balance installments on 30th of every succeeding months. If any of the installments is defaulted, the decree holder is allowed to realise the entire amount in lumpsum. This writ petition is disposed of accordingly. P. BHAVADASAN, JUDGE. Sou.