IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 20572 of 2009(O) -------------------------- OS.67/2004 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: --------------- B.SUKESH, T.C. 4/1950, PANDIT COLONY, KOWDIAR P.O., THIRUVANANTHAPURAM. BY ADV. MR.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT: --------------- STATE BANK OF TRAVANCORE, PUTHENCHANTHA BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER. BY ADV.MR.R.S.KALKURA, SC FOR SBT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20572 of 2009(O) APPENDIX PETITONER'S EXHIBITS: EXT.P1: DECREE IN O.S.NO.67/04 DTD.27.1.06. EXT.P2: ORDER DTD. 4.12.08 IN W.P.C.NO.35852/08. EXT.P3: STATEMENT FILED BY THE RESPONDENT BANK. EXT.P4: OBJECTION FILED BY THE PETITIONER TO THE STATEMENT. EXT.P5: PETITION ALONG WITH AFFIDAVIT. EXT.P6: OBJECTION FILED BY THE RESPONDENT TO THE PETITION FILED BY THE PETITIONER. EXT.P7: ORDER DATE 10.6.09 IN E.A.NO.307/06 IN E.P.NO.322/06 IN O.S.NO.67/04 OF THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. EXT.P8: PAY SLIP ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.20572 Of 2009 ---------------------- Dated this the 13th day of September, 2010. J U D G M E N T The petitioner is the judgment debtor in E.P.No.322 of 2006 in O.S.No.67 of 2004 of the Principal Sub Court, Thiruvananthapuram. The challenge is against the order passed by the Principal Sub Court in E.A.No.307 of 2009 in the above E.P. Ext.P7 is the order. 2. The judgment debtor paid Rs.1 Lakh towards the decree debt and same was recorded by this Court in the order dated 4.12.2008. The petitioner requested before the Principal Sub Court that he may be allowed to pay the balance decree amount by monthly instalments of Rs.1,000/- per month. The decree holder bank submitted before the execution court that the balance amount payable by the petitioner is Rs.90,000/-. The execution court did not accept the request of the petitioner and a direction was issued to pay the balance amount in nine equal monthly instalments. W.P.(C).No.20572 Of 2009 ::2:: 3. The learned counsel for the petitioner submitted that the petitioner is a retired employee and he is getting a meager amount as pension and the amount is not even sufficient to meet his daily requirements and requested this Court that he may be allowed to pay off the decree debt in monthly easy instalments. 4. Taking into account the grievance of the petitioner who is a retired employee, this Court order that the balance decree amount shall be paid in monthly instalments of Rs.5,000/-. It is further ordered that if the monthly instalment is not paid on or before the 10th of every month and committed default the decree holder is free to approach the execution court for realising the decree debt in lump sum. Writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-