IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 CRP.No. 319 of 2009() --------------------- AGAINST THE ORDER DATED 10/02/2009 IN EP 1/2008 IN OS.419/1996 of MUNSIFF COURT, PUNALUR .................... REVN. PETITIONER(S)/2ND JUDGMENT DEBTOR --------------------------------------------------- ABDUL RASHEED,SAKEER MANZIL, MUSAVARIKKUNU,PUNALUR P.O. BY ADV. SRI.BINDU SREEKUMAR SMT. LEENA MURALI RESPONDENT(S): DECREE HOLDER & IST JUDGMENT DEBTOR -------------------------------------------------- 1. THE SOUTH INDIAN BANK LTD., REP.BY ASSISTANT GENERAL MANAGER, REGIONAL OFFICE,THIRUVANANTHAPURAM, NOW THE PIRAVANTHOOR BRANCH MANAGER. 2. RADHAMONEY BHAVANI,SURESH MANDIRAM, ERICHIKKAL,MANIYAR P.O. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- C.R.P.No.319 of 2009 -------------------------------------- Dated this the 31st day of May, 2010. ORDER This revision petition is filed by one of the judgment debtors in E.P.No.1 of 2008 in O.S.No.419 of 1996 of the court of learned Munsiff, Punalur aggrieved by order dated 10.06.2009 directing issue of arrest warrant to him. Though various contentions are raised in the petition, learned counsel for petitioner now seeks only time for payment of the amount due under the decree. Petitioner has already deposited Rs.20,000/- in the executing court. He seeks six months’ further time for payment of balance amount. Counsel for respondent is agreeable to the petitioner being given reasonable time for payment of the amount. Having regard to the circumstances stated, I am inclined to permit petitioner pay the amount in five equal monthly installments. Resultantly this revision petition is dismissed. But petitioner is permitted to pay, the balance amount due under decree in five equal monthly installments beginning from 01.07.2010. It is made clear that if there is any two defaults in payment of installments it will be open to the respondent to proceed with execution pursuant to Ext.P2, order without any fresh enquiry as to the means of petitioner. The warrant of arrest issued to the petitioner will stand in CRP No.319/2009 2 abeyance during the said period of five months from01.07.2010 or till the condition is violated, whichever is earlier. Amount if any deposited in the executing court can be withdrawn by the respondent. I.A.No.1286 of 2009 will stand dismissed and I.A.No.3630 of 2009 will stand closed. THOMAS P.JOSEPH, Judge. cks