IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 10483 of 2010(O) -------------------------- AGAINST THE ORDER IN EP 10/2010 IN OS.599/2004 of PRINCIPAL MUNSIFF, KOLLAM .................... PETITIONER(S): --------------- 1. P.DILEEP,S/O.A.K.PURUSHOTHAMAN, NJANAMBIKA MANDIRAM,THEKEVILA.P.O,MUNDAKKAL VILLAGE,KOLLAM. 2. K.BALACHANDRAN PILLAI,S/O.KRISHNA PILLAI KALEELIL PADINJATTATHIL,MAYYANADU VILLAGE, MAYYANADU.PO,KOLLAM. BY ADV. SRI.S.GIRISH RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE,KILIKOLLOOR BRANCH REPRESENTED BY ITS BRANCH MANAGER. 2. T.DOMINIC,S/O.K.B.THOMAS,AGED 46 YEARS, KOCHUVEETTIL,ERAVIPURAM VILLAGE,KOLLAM TALUK. ADV. SRI.R.S.KALKURA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.10483/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DECREE DATED 12.8.2006 EXT.P2 TRUE COPY OF THE EP DATED 11.1.2010 EXT.P3 TRUE COPY OF THE OBJECTIONS FILED BY PETITIONERS DATED 31.1.2010 EXT.P4 TRUE COPY OF THE PROOF AFFIDAVIT DATED 15.2.2010 EXT.P5 TRUE COPY OF THE ORDER PASSED BY THE PRINCIPAL MUNSIFF COURT, KOLLAM. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.10483 of 2010 -------------------------------------- Dated this the 14th day of October, 2010. JUDGMENT Notice to respondent No.2 is dispensed with in view of the order I propose to pass in this petition. 2. Petitioners are judgment debtors in E.P.No.10 of 2010 in O.S.No.599 of 2004 of the court of learned Principal Munsiff, Kollam. Against them and respondent No.2, the principal debtor a decree for payment of money was passed and that is under execution. Respondent No.1, decree holder has obtained Ext.P5, order for issue of warrant against petitioners all of whom are Government servants on a finding that they have sufficient means. Though various contentions are raised against correctness of Ext.P5, order learned counsel for petitioners now confines his request for a facility for payment of decree amount in installments. Learned counsel requested that petitioners may be permitted to pay the amount in ten (10) equal monthly installments. I have heard learned counsel for respondent No.1. Learned counsel states that petitioners have sufficient means to pay the amount due under the decree and that at any rate, ten installments is a very long time. Having regard to the facts and circumstances of the case, I am inclined to permit petitioners pay the amount due under the decree in seven (7) monthly installments beginning from 06.12.2010. WP(C) No.10483/2010 2 Resultantly this petition is disposed of in the following lines: i. Petitioners are permitted to pay the decree amount in seven (7) monthly installments beginning from 06.12.2010. The monthly deposit shall not be less than Rs.25,000/- and by the last installment, entire amount due has to be cleared. ii. The amount shall be deposited on or before the sixth of every month as above stated. iii. In case any installment is defaulted or the entire amount is not paid within the time granted hereby it will be open to respondent No.1 to proceed with personal execution against petitioners without any further enquiry as to the means of petitioner. iv. Warrant of arrest issued against petitioners shall stand in abeyance during the said period of seven months beginning from 06.12.2010 or until default is committed whichever is earlier. THOMAS P.JOSEPH, Judge. cks