IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 10897 of 2010(O) -------------------------- OS.192/2007 of MUNI-MAGI.COURT, PERAMBARA .................... PETITIONER/JUDGMENT DEBTOR --------------- BASHEER,S/O.ABDURAHIMAN.K.M, ERAKKOTTU VEEDU, PALERI PO, MUTHAVANNACHA AMSOM, KUNIYODU DESOM, KOILANDY TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT/DECREE HOLDER --------------- THE UNION BANK OF INDIA LTD, POOZHITHODU BRANCH, POOZHITHODU, CALICUT DISTRICT REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.A.S.P.KURUP, SC, UBI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.No.10897 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXECUTION PETITION AND THE PROCEEDINGS IN E.P.NO.9 OF 2009. // True Copy// PA to Judge K.M.JOSEPH, J. * * * * * * * * * * * W.P.C.No.10897 of 2010 ---------------------------------------- Dated this the 30th day of September 2010 J U D G M E N T The petitioner is the judgment debtor in the decree for money obtained by the respondent. The petitioner is faced with arrest warrant. The petitioner seeks the following reliefs: (i) set aside the order dated 05/01/2010 in E.P.No.9/2009 in O.S.No.192/2007 on the file of Munsiff Court, Perambra. (ii) allowing the petitioner to pay the outstanding decree debt in E.P.No.9/2009 in O.S.No.192/2007 on the file of Munsiff Court, Perambra in equal monthly instalments. 2. The learned counsel for the petitioner would submit that the petitioner may be permitted to pay off the entire amount in instalment. 3. I have heard the learned counsel for the respondent Bank also. In the circumstances of the case, I feel that an opportunity should be granted to the petitioner to pay off the entire decree debt due with interest in eight equal monthly instalments. W.P.C.No.10897 of 2010 2 4. Accordingly, the writ petition is disposed of as follows: 5. The arrest warrant will not be executed on condition that the petitioner pays off the balance amount payable with interest in eight equal monthly instalments. The first instalment shall be paid on 15/10/2010. The further instalments shall be paid on or before the 15th of the succeeding months. The last instalment shall consist of the balance amount remaining to be paid. In case the petitioner defaults in payment of any single instalment, I order that the stay on executing the arrest warrant will be stand lifted. 6. The petitioner will produce copy of the order before the court below so that exact instalment can be quantified. (K.M.JOSEPH, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.10897 of 2010 3 W.P.C.No.10897 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010