IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 28950 of 2009(O) ---------------------------------------- EP.88/2008 IN O.S.113/2007 of MUNSIFF COURT, ALATHUR .................... PETITIONER(S): ----------------------- CHENTHAMARAKSHAN, S/O.MUTHU, AGED 53 YEARS, PUTHANPURAKKAL, VALUPARAMBU, MANJAPRA, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.JOHNSON P.JOHN, MR.BABY MATHEW. RESPONDENT(S): ------------------------- SANKARAN, S/O.THITHY, AGED 39 YEARS, VALAYIL VEETTIL, MANJAPRA, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.JOHN JOSEPH (ROY) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28950/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXECUTION PETITION, E.P.88/2008 DATED 16/06/2008. EXT.P2: COPY OF THE OBJECTION DATED 07/03/2009. EXT.P3: COPY OF THE PRESCRIPTION ISSUED FROM JUBILEE MISSION HOSPITAL, THRISSUR DATED 28/08/2009. EXT.P3(a): COPY OF THE CASH BILL DATED 07/09/2009 FROM TRICHUR X-RAY AND LABORATORIES. EXT.P4: COPY OF THE OVERDUE NOTICE FOR NPA ACCOUNTS DATED 09/09/2009. RESPONDENT'S EXHIBITS: N I L //TRUE COPY// P.S. TO JUDGE rs. P.BHAVADASAN, J. ------------------------------------- WP(C) No.28950 of 2009-O ------------------------------------- Dated 3rd March 2010 Judgment In this Petition filed under Article 227 of the Constitution of India, the petitioner prays for allowing him to pay the decree amount in instalments. 2. The petitioner submits, he has already paid Rs.20,000/- and another Rs.10,000/- towards the decree amount. It is submitted that the balance decree amount will come to nearly Rs.50,000/-. He seeks permission to pay the said amount in instalments. 3. The request of the petitioner seems to be very reasonable. Therefore, he is allowed to pay the balance decree amount in eight equal monthly instalments, the first instalment to be paid on or before the 25th of March 2010 and the subsequent instalments on or before the 25th of the succeeding months. If there is default in payment of any one of the instalments, the decree holder will be entitled to WPC 28950/09 2 recover the amount by proceeding in execution. The Writ Petition is allowed as above. P.BHAVADASAN, JUDGE sta WPC 28950/09 3