IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 CRP.NO. 258 OF 2011() ---------------------------------- E.P. NO.251 OF 2010 OS.1540/2002 OF PRINCIPAL MUNSIFF'S COURT, IRINJALAKUDA .................... REVISION PETITIONER(S): 1ST, 2ND, & 3RD JUDGEMENT DEBTORS/DEFENDANTS ------------------------------------------------------------------------------------ 1. SIVASANKARAN, S/O.THATHAKULAM RAMANKUTTY IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK. 2. SUDHAKARAN, S/O.KOLANGARAPARAMBIL MANI, ALAGAPPA NAGAR DESOM, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK. 3. VASUDEVAN, S/O.THOTTAPPILLY KUPPUSAMI, ALAGAPPA NAGAR DESOM, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): DECREE HOLDER/PLAINTIFF ---------------------------------------------------------------------- BANKERMAN KURIES & LOANS (P) LTD, IRINJALAKUDA VILLAGE, DESOM, MUKUNDAPURAM TALUK - 680682. ADV. SRI.ANOOP JOSEPH SRI.N.T.BIJU THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== C.R.P. No.258 of 2011 ==================================== Dated this the 02nd day of August, 2011 O R D E R Petitioners are judgment debtors in E.P. No.251 of 2010 in O.S. No.1540 of 2002 of the court of learned Principal Munsiff, Irinjalakuda. Respondent has obtained a decree for recovery of money and sought personal execution against petitioners. Though initially petitioners contended that they have no means that contention was withdrawn and installment facility was sought. Executing court directed deposit of `25,000/- which petitioners could not comply and thereon by order dated March 17, 2011 warrant of arrest was issued to the petitioners. That order is under challenge. Learned counsel for petitioners requested only facility to pay the balance amount in 20 installments. Learned counsel for respondent though resisted the said request pointed out that if at all installment facility is given, petitioners may be directed to pay the entire balance amount in ten installments. Having regard to the circumstances stated I am inclined to permit petitioners to pay off the entire balance amount due in twelve C.R.P. No.258 of 2011 -: 2 :- equal monthly installments but subject to conditions. Resultantly, Civil Revision Petition is allowed as under: (a) Petitioner is permitted to pay the entire balance amount due under the decree in twelve equal monthly installments beginning from 01.09.2011 provided that by the last installment entire amount due is paid. (b) Amount shall be paid to the respondent under proper receipt to be produced in court and payment recorded or deposited in court for payment to the respondent on or before 5th of every calender month. In case 5th of a month happens to be a holiday, amount shall be paid/deposited on the next working day. (c) It is directed that in case there is default in payment of any two installments it will be open to the executing court to proceed with execution pursuant to the finding regarding C.R.P. No.258 of 2011 -: 3 :- means without any further enquiry regarding means. (e) Warrant of arrest issued to the petitioners will stand in abeyance for a period of twelve months from 01.09.2011 or till default as aforesaid is committed, whichever is earlier. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv