IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 36335 of 2009(O) -------------------------- E.P.72/09 IN OS.141/2006 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: --------------- SATHYAN PILLAI, AGED 53 YEARS, S/O.BHASKARAN PILLAI, MUNDODI KIZHIKKETHIL, CHAVARA MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: ------------------ FASALUDEEN, AGED 53 YEARS, KALPPAS NO.2, MONAMPALLY MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. ADV. SRI.C.KHALID FOR R1 SRI.N.GOPINATHA PANICKER FOR R1 SRI.T.P.SAJID FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF DECREE IN O.S.NO.141/06 ON THE FILE OF THE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P2 TRUE COPY OF THE E.P.72/09 ON THE FILE OF THE OF THE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN EP.72/09 IN O.S.141/06 ON THE FILE ON THE FILE OF THE OF THE MUNSIFF'S COURT, KARUNAGAPPALLY. EXT.P4 TRUE COPY OF THE ORDER DTD. 13/11/2009 IN EP.72/09 AS EA.246/09. HARUN-UL-RASHID,JJ. ------------------------------- W.P.(C). NO.36335 OF 2008 ------------------------------- DATED THIS THE 20TH DAY OF SEPTEMBER, 2010 JUDGMENT Petitioner is the judgment debtor and the respondent is the decreel hlder in E.P.No.72/09 in O.S.No141/06 on the file of the Musiff's Court, Karunagappally. Ext.P1 is the copy of the decree passed in O.S.No.141/06 and Ext.P2 is the copy of the execution petition. Ext.P2 was filed for realisation of Rs.46,503/-, the decree amount with interest. The petitioner filed an objection to the execution petition and prayed before the court below that he may be permitted to pay the decree amount in instalments. The request was not allowed and the execution court issued warrant against the petitioner on 13/11/2009. Ext.P4 is the order passed by the execution court which is under challenge. 2. This Court by order dated 16/12/2009 granted interem stay on condition that the petitioner depositing a sum of Rs.15,000/- before the execution court within three months from -2- WP(C).No. the date of the order. It is submitted at the bar that the said amount was deposited. Taking into account the financial difficulties of the petitioner and considering his request, in the interest of justice, this Court is of the view that the petitioner shall be allowed to pay the balance decree amount in instalments. The petitioner shall pay Rs.10,000/- (Rupees ten thousand) towards the decree debt within a period of one month from today and shall pay the balance decree amount in six equal monthly instalments. The lst instalment shall be paid on or before the 10th November, 2010 and the subsequent instalmnent shall be paid on or before the 10th of every succeeding months. If the amount is not paid within the time prescribed above, the execution court is free to realise the amount by resorting to execution of warrant against the petitioner. Writ Petition is disposed of as above. -3- WP(C).No. HARUN-UL-RASHID, Judge. kcv.