IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 14TH AUGUST 2007 / 23RD SRAVANA 1929 WP(C).No. 22685 of 2006(A) -------------------------- AGAINST THE ORDER DATED 30/08/2005 IN IN EP 219/2003 IN OS.593/2000 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONERS: ------------ 1. SHANMUGHAN, MADATHARAVEETIL, PAPPINIVATTOM, KULIMUTTAM, KODUNGALLOR. 2. RADHAKRISHNAN, CHETTIYTTIL, PULOOT, KODUNGALLOR. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS: ------------- 1. ANJALI KURIES AND LOANS PVT. LTD., REPRESENTED BY CHAIRMAN, RAVEENDRAN, PALAKKAPARAMBIL, SREENARAYANAPURAM VILLAGE, KODUNGALLOR. 2. BABU, MANAGING DIRECTOR, ANJALI KURIES AND LOANS PVT. LTD., THEVALLIL, LOKAMESHWARAMVILLAGE, KODUNGALLOR. 3. THAMPI, S/O.KAVALLUR RAMAKRISHAN, PADIYOOR VILLAGE. R1 & R2 BY ADV. SRI.N.N.ELAYATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.22685/06 APPENDIX PETITIONERS' EXTS: EXT.P1 – TRUE COPY OF EP.219/03 IN O.S.593/2000 EXT.P2 – TRUE COPY OF ORDER IN EP.219/03 IN O.S.593/2000 /TRUE COPY/ PIUS C. KURIAKOSE, J. .......................................................... W.P.(C)No.22685 OF 2006 ........................................................... DATED THIS THE 14th AUGUST, 2007 J U D G M E N T This Writ Petition is filed by judgment-debtors in a money decree obtained by respondents 1 and 2 against them and the 3rd respondent seeking to quash Ext.P2 order under which it has been held by the execution court that in spite of sufficient means, they are willfully neglecting to pay the decree-debt and ordering their arrest and detention on that reason. The prayers in the Writ Petition are to quash Ext.P2 and also to direct the execution court to permit the petitioners to clear off the liability by making monthly payments. 2. On considering this Writ Petition for admission, this Court granted stay on condition that the petitioners pay Rs.15,000/- within two months. Mr.Subhash Syriac, learned counsel for the petitioners submits that the above condition was complied with. 3. Ext.P2 order is passed by the learned Munsiff on the basis of the evidence adduced in the case and I do not find any warrant for quashing Ext.P2. However, the petitioners' request for instalment facility is worth considering, since it is reported that they have already paid Rs.15,000/- towards the E.P. claim of Rs.90,000/- and odd, WP(C)N0.22685/06 -2- pursuant to the order of this Court. I dispose of the Writ Petition issuing the following directions:- The order of stay passed by this Court will continue to be in force on condition that every month commencing from the 1st of September, 2007, the petitioners pay at the rate of Rs.10,000/- towards the decree-debt. In the event of any two defaults, they will forfeit the benefit of this judgment in which case Ext.P2 will revive. Once the petitioners become confident that they have paid off the entire decree- debt, they are permitted to file an application for recording full satisfaction of the decree and if such an application is received, the court below will hear both sides and pass orders on the same. (PIUS C.KURIAKOSE, JUDGE) tgl WP(C)N0.22685/06 -3- WP(C)N0.22685/06 -4-