IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 6295 of 2010(O) ------------------------- AGAINST THE ORDER IN EP 218/2009 IN OS.215/2007 of ADL.SUB COURT, THALASSERY . .................... PETITIONER(S): ----------------------- 1. P.T.P.MUHAMMED MARSOOK @ MARSOOK SAHIDI AGED 37 YEARS,S/O.ABDULLA, DARU RAHMA, P.O.PAPPINISSERI, KANNUR. 2. CRESENT EDUCATIONAL TRUST, P.O.VALAPATTANAM, KANNUR,REPRESENTED BY ITS MANAGING TRUSTEE, P.T.P.MUHAMMED MAWRSOOK. BY ADV. MR.P.U.SHAILAJAN RESPONDENT(S): ------------------------- R.P.MUSTAFA, S/O.MOOSANKUTTY, SULAIKHA'S PAPPINISSERY AMSOM, KEECHERI DESOM, KANNUR, THROUGH POWER ATTORNEY HOLDER P.P.UMMER, S/O.IBRAHIM, SUHAIBAS, P.O.NARATH, KANNUR. ADV. SRI.K.C.SANTHOSHKUMAR, SMT.K.K.CHANDRALEKHA, SRI.GOPAKUMAR G. (ALUVA), SRI.P.K.MAHESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, ALONG WITH WPC NO. 6325 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6295/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PETITION IN EP. 218/2009 . P2:- COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS, WHO ARE THE RESPONDENTS IN EP. 218/2009. P3:- COPY OF THE DOCKET PROCEEDINGS TAKEN DOWN BY THE COUNSEL IN THE ABOVE EP. 218/09 BEFORE THE ADDL. SUB COURT, THALASSERY. TRUE COPY P.A. TO JUDGE tss P.BHAVADASAN, J. ------------------------- W.P (C) Nos.6325 & 6295 of 2010 -------------------------- Dated this the 30th March, 2010 J U D G M E N T Limited prayer in this writ petition is that the petitioner may be granted instalment facility for the payment of decree amount in both cases. 2. The decree amount come to Rs.7 lakhs. Later some amount has already been paid to the judgment debtor. Petitioner points out he may be allowed to remit the amount at the rate of Rs.25,000/- per month in each case. 2. Learned counsel appearing for the respondent submits that the matter was compromised between the parties and huge amounts are still pending. That may be taken into consideration while granting reliefs to the petitioner. 3. Since the petitioners have expressed their willingness to pay the amount in instalments, it is felt that they need to be given an opportunity to do so. W.P (C) Nos.6325 & 6295 of 2010 2 4. Both writ petitions are disposed of directing the petitioner to deposit a sum of Rs.50,000/- on or before 17.5.2010 in each case and thereafter pay the balance decree amount in three equal monthly instalments at the rate of Rs.50,000/- per month, the first of which shall be paid on or before 30.6.2010 and subsequent instalments on or before the 30th of succeeding months. It is also made clear that, if any default is committed by the petitioners in paying the amount as above, the respondent will be at liberty to proceed for realisation of the entire amount in a lump sum. P.BHAVADASAN, JUDGE ma W.P (C) Nos.6325 & 6295 of 2010 3 W.P (C) Nos.6325 & 6295 of 2010 4