IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).NO. 19514 OF 2010(O) ----------------------------------------- E.P. NO.267 OF 2008 IN OS.822/1996 OF\ II ADDITIONAL SUB COURT,THRISSUR .................... PETITIONER(S): ---------------------- C.J.RAPHEL, S/O.JOSEPH, CHEMMANNOOR HOUSE, ARANATTUKARA VILLAGE, OLARIKKARA DESOM, THRISSUR TALUK. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENT(S): -------------------------- JEWEL ROCK HIRE PURCHASE & KURIES (P) LTD., THRISSUR. REPRESENTED BY ITS MANAGING DIRECTOR, S.RAMAKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.19514 of 2010 ==================================== Dated this the 23rd day of June, 2010 J U D G M E N T This Writ Petition is filed by judgment debtor No.3 in E.P. No.267 of 2008 in O.S.No.822 of 1996 of the court of learned Additional Sub Judge, Thrissur. He challenges Ext.P3, order finding means and issuing warrant to him. According to the learned counsel petitioner has already paid substantial amount towards decree debt as revealed from Ext.P1, execution petition and is prepared to pay the amount. Request is to grant installment facility for payment of the amount. Finding regarding means of petitioner is also under challenge. 2. So far as the finding regarding means is concerned it has come in evidence that petitioner is engaged in wholesale of rice and wheat and in 2008-09 petitioner has paid sales tax of Rs.24,000/- for a business turnover of about Rs.35.52 lakhs. Executing court based on Ext.A1, certificate issued by the Commercial Tax Officer on 19.10.2009 found that contention of petitioner that he has no sufficient means cannot be accepted. Having heard counsel for petitioner and going through the order W.P(C) No.19514 of 2010 -: 2 :- under challenge I do not find reason to interfere with the finding entered by the executing court. 3. Then, on the question of installment facility. It is not as if petitioner is not able to discharge the liability under the decree unless he gets installment facility. But I am inclined to give time to petitioner for payment of the entire amount. Resultantly, Writ Petition is disposed of in the following lines: (i) It is directed that warrant issued against petitioner will stand in abeyance for a period of one month from this day on condition that within the said period petitioner deposited the entire decree amount due in the executing court for payment to respondent-decree holder. (ii) In case the above condition is not complied with it will be open to respondent to proceed with personal execution against petitioner pursuant to Ext.P3, order without any further enquiry regarding means of petitioner. THOMAS P. JOSEPH, JUDGE. vsv