IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28373 of 2008(C) -------------------------- AGAINST THE ORDER DATED 29/01/2008 IN EP 352/06 IN OS.1732/2004 of PRL.M.C.,IRINJALAKUDA .................... PETITIONER(S): ------------------------- 1. VARGHESE, AGED 50 , S/O PALLAN VAREED, IRINJALAKUDA, VILLAGE DESOM,MUKUNDAPURAM TALUK. 2. SAJI, S/O NELLISERRY LONAPPAN, IRINJALAKUDA VILLAGE DESOM, MUKUNDAPURAM TALUK. 3. VINCENT, S/O VELLATTUMKARA LONAPPAN, IRINJALAKUDA VILLAGE DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------------------- THE CORNATION KURIES PVT., LTD., IRINJALAKUDA, REP. BY ITS MANAGING DIRECTOR, SAJU GEORGE, S/O ALLENGADAN GEORGE, IRINJALAKUDA VILLAGE DESOM, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.28373 of 2008 = = = = = = = = = = = = = = Dated this the 29 th day of September, 2008 JUDGMENT Petitioners, who are the judgment debtors 2 to 4 in O.S.No.1732 of 2004 on the file of the Munsiff's Court, Irinjalakuda, challenge Ext.P3 order dated 29.1.08 passed by the Executing Court in E.P.No.352 of 2006 holding that the petitioners herein who were duly served were absent and were set ex-parte and the evidence of decree holder as well as Exts.A1 to A3 had proved the means of the judgment debtors. That court has accordingly issued arrest warrants against the petitioners. 2. The learned counsel for the petitioners would submit that with regard to the judgment debt of Rs.51,983/- as on 4.3.06, the petitioners may be permitted to have an instalment facility to liquidate the liability. 3. I am not inclined to grant the instalment facility to the petitioners behind the back of the decree holder. If the petitioners deposit before the court below an amount of Rs.10,000/- within one month from today and file an application W.P.(c).No.28373 of 2008 2 within two weeks from today seeking instalment facility for the balance amount, the court below shall consider the same after hearing the decree holder also. The order dated 29.01.08 shall be kept in abeyance for a period of one month from today. Dated this the 29 th day of September, 2008. V. RAMKUMAR, JUDGE sj