IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 2468 of 2009(R) ------------------------- AGAINST THE ORDER DATED 28/6/06 IN EP 819/06 IN OS.79/2005 of PRL.MUNSIF COURT, IRINJALAKUDA .................... PETITIONERS: --------------- 1. VARGHESE, AGED 50, S/O. PALLAN VAREED, IRINJALAKUDA VILLAGE DESOM, MUKUNDAPURAM TALUK. 2. GEORGE, S/O. ANTHONY, NELLISSERY HOUSE, IRINJALAKUDA VILLAGE, PARAKULAM DESOM, MUKUNDAPURAM TALUK. 3. MATHAI, S/O. PUTHUKARA INASU, GANDHIGRAM DESOM, IRINJALAKUDA, MUKUNDAPURAM TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT: --------------- M/S. DHANAMITHRA KURIES (P) LTD., REP. BY ITS MANAGING DIRECTOR, IRINJALAKUDA.P.O, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).2468/09 (2) APPENDIX PETITIONERS' EXHIBITS:- EXT.P1:- A TRUE COPY OF E.P.NO.819/06 IN O.S.NO.79/05 ON THE FILE OF THE MUNSIFF COURT, IRINJALAKUDA DATED 28/6/06 EXT.P2:- A TRUE COPY OF THE RECEIPT FOR PAYMENT OF RS.10,000/- ISSUED BY THE DECREE HOLDER DATED 11/3/08 RESPONDENT'S EXHIBITS:- NIL Okb /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- W.P.(C).No. 2468 OF 2009 -------------------------------------------------- Dated this the 12th day of February, 2009 J U D G M E N T Even though notice was served on the respondent/decree holder, there is no appearance. As per order dated 22.1.2009 the judgment debtors were directed to deposit Rs.20,000/- or make payment of that amount to the decree holder. The order of arrest passed by the executing Court was directed to be kept in abeyance for two weeks. 2. The prayer in this writ petition filed under Article 227 of Constitution of India is only for a direction to the executing Court to provide reasonable opportunity to the judgment debtors to liquidate the liability under the decree. 3. After hearing the learned counsel, the following direction is issued. If the petitioners had deposited Rs.20,000/- or made that payment to the decree holder, as directed by order dated 22.1.2009, executing Court to grant reasonable opportunity to the judgment debtors to pay off the balance decree debt. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE okb