IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 5790 of 2010(O) ------------------------------------- PETITIONER/JUDGMENT DEBTOR: -------------------------------------------------- SUSAMMA DANIEL,AGED 49 YEARS, RAILWAY EMPLOYEE, OFFICE OF THE RAILWAY DIVISIONAL MANAGER,THYCAUD, THIRUVANANTHAPURAM. BY ADV. MR.S.M.PREM. RESPONDENTS/DECREE HOLDER & GARNISHEE: ------------------------------------------------------------------------ 1. R.GOPI, SON OF G.RAMAN, AGED 59 YEARS, FLAT HOUSE NO.31/1023 B,RAIL NAGAR,VYTTILA.P.O, ERNAKULAM, KOCHI-19. 2. THE SENIOR DIVISIONAL PERSONAL OFFICER, DIVISIONAL RAILWAY MANAGERS OFFICE, SOUTHERN RAILWAY, THYCAUD, THIRUVANANTHAPURAM. R1 BY ADV. MR.A.BALAGOPALAN, R2 BY MR. N.B. SUNIL NATH, (S.C. RAILWAYS). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 5790of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2010. JUDGMENT This is a writ petition filed under Article 227 of the Constitution of India challenging Ext.P2 order. 2. Petitioner is the judgment debtor in E.P. 444 of 2009 in O.S. 1049 of 2007 before the Munsiff's Court, Ernakulam. The suit was one for money and it was decreed. The decree holder took out execution. 3. When this writ petition came up for admission, this court directed the petitioner to deposit a sum of Rs.25,000/-, and that has been done. All that the petitioner now seeks is indulgence of this court to permit the petitioner to pay the balance amount in six equal monthly instalments. 4. The request seems to be quite just and reasonable. When the bonafides of the petitioner is revealed by the fact that the petitioner is willing to pay WPC. 5790/2010. 2 the amount, there is no reason why the prayer should not be granted. In the result, this writ petition is allowed and the petitioner is permitted to pay the balance decree debt in six equal monthly instalments, the first of which shall be paid on or before 30.4.2010 and the remaining instalments on or before the 30th of every succeeding month. If any one of the instalment is defaulted, the decree holder can recover the balance amount in lump sum. The amount already deposited is allowed to be withdrawn by the decree holder. P. BHAVADASAN, JUDGE sb.