IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 32847 of 2005(I) -------------------------- PETITIONER: ------------ 1. SHIVALI BRAHMANA ABHYUDHAYA SANGA(R), SHIVALLI COMMERCIAL COMPLEX, HOSANGADY, REPRESENTED BY ITS MANAGING PARTNER SHIVARAMA PADAKANNAYA. 2. SHIVARAMA PADAKANNAYA, S/O.DR.A.NARAYANA PADAKANNAYA, APPATHIMAR HOUSE, MOODABAILU VILLAGE, (VIA) MANJESHWARA, KASARAGOD DISTRICT. 3. K.PRABHAKARA BALLAKURAYA, S/O.SUBRAYA BALLAKURAYA, RESIDING AT SHUBHASHRAYA, KADAMBAR POST, (VIA) MANJESWARA, KASARAGOD DISTRICT. 4. D.BALAKRISHNA BHAT, S/O.SRINIVASA BHAT, RESIDING AT SHREEDAVASA, MOODAMBAIL POST, (VIA) MANJESWARA, KASARAGOD DISTRICT. 5. SHREERAMA MOODITHAYA, S/O.PARAMESHWARA MOODITHAYA, RESIDING AT PANDYADKA, POST KAYYAR, (VIA) UPPALA, KASARAGOD TALUK. 6. K.PRAFULCHANDRA KUBANOORAYA, S/O.NARAYANA KUBANOORAYA, RESIDING AT KUBANOORU, POST BEKUR, UPPALA, KASARAGOD TALUK. BY ADV. SRI.D.KRISHNA PRASAD SHRI.D.NARENDRA NATH SHRI.HARI SHARMA M SHRI.T.P.ELDHOSE SHRI.O.K.SANTHA RESPONDENTS: ------------- SUDHAMA KEDILAYA, S/O.N.NARAYANA KEDILAYA, RESIDING AT MALLYA COMPOUND NEAR MANJESHARA SERVICE CO-OPERATIVE BANK, HOSABETTU VILLAGE, KASARAGOD TALUK, POST MANJESWARA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON 27/02/2008 DELIVERED THE FOLLOWING: WP(C) No. 32847/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE SCHEDULE OF ATTACHMENT FILED BY THE RESPONDENT IN I.A.NO.904/2004 IN O.S.NO.183/04 ON THE FILE OF THE MUNSIFF'S COURT, KASARAGOD. P2 : COPY OF COUNTER DATED 08/08/2005 FILED BY THE PETITIONER IN E.P.NO.111/05 IN O.S.NO.183/04 ON THE FILE OF THE MUNSIFF'S COURT, KASARAGOD. P3 : COPY OF ORDER DATED 13/10/2005 IN E.P.NO.111/05 IN O.S.183/04 OF THE MUNSIFF'S COURT, KASARAGOD. // TRUE COPY // PA TO JUDGE. jg PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 32847 of 2005 --------------------------------- Dated, this the 27th day of February, 2008 J U D G M E N T Heard learned counsel for the petitioners. Even though respondent is served with notice he has not entered appearance before this Court. Under challenge is Ext.P3 order passed by the Execution Court issuing arrest warrant against the petitioners. Obviously, the petitioners were making payments towards the decree debt in instalments. Even on the date when Ext.P3 order was passed a sum of Rs.4,000/- was paid. The learned Munsiff, who noticed the circumstance that no contention had been raised to the effect that the petitioners are without means for paying the decree debt in a lump or a substantial portion thereof become inclined to issue the order of arrest, since the court thought that allowing the petitioners to pay the decree debt in instalments will lead to indefinite protraction of the execution proceedings. While admitting this writ petition, this Court granted stay subject to a condition that a sum of Rs.25,000/- shall be paid with in a period of one month from today. The learned counsel for the petitioners is not able to inform me whether the above condition has been complied with. Since there is no contest from the respondent, I WP(C) No. 32847/2005 dispose of the writ petition in the following terms. 2. The court below will verify whether the petitioners have complied with the condition imposed by this Court on 25/11/2005 while passing interim order of stay. If it is seen that the conditions have been complied with by the petitioners the court below will keep in abeyance all proceedings pursuant to Ext.P3 subject to the further condition that the petitioners pay every month commencing from 01/04/2008 @ Rs.7,500/- till such time as entire decree debt is wiped off. Once the petitioners are confident that the entire decree debt is wiped off, it is open to the petitioners to file an application before the Executing Court for recording full satisfaction of the decree debt, in which case the same will be considered by the court below and will pass orders on the application after hearing all the parties. It is also made clear that in the event of any two defaults in the matter of making payments of the decree debt in instalments as directed above, the petitioner will forfeit the benefits of this judgment. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) jg