IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 OP(C).No. 2597 of 2011(O) ------------------------------------ EP. NO.153/09 IN OS. 19/07 OF THE MUNSIFF COURT, KARUNAGAPPALLY. . PETITIONER --------------------- M. RAVEENDRAN, S/O.SHANKARANKUTTY NAIR, KELAMANGALATHU VEEDU, SRM ROAD, PACHALAM P.O., ERNAKULAM, NOW WORKING AT K.M.M.L.,CHAVARA, CARD NO.661, ACCOUNTANT II GRADE. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): -------------------------- CHANDRAN, S/O. NARAYANAN, PERUMPUZHATHU VEEDU, MANAYIL MURI, PANMANA VILLAGE KARUNAGAPALLY -695 106. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.2597/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN EP.153/2009 IN OS. 10.2007 OF THE MUNSIFF COURT, KARUNAGAPPALLY. P2:- COPY OF THE LETTER ISSUED BY SUPERINTENDENT, CENTRAL PRISON, THIRUVANANTHAPURAM. P3:- COPY OF THE ORDER IN EA. 252/10 IN EP. 153/2009 IN OS. 19/2007 OF THE MUNSIFF'S COURT, KARUNAGAPPALLY. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2597 of 2011 ==================================== Dated this the 09th day of August, 2011 J U D G M E N Petitioner is the judgment debtor in E.P. No.153 of 2009 in O.S. No.19 of 2007 of the court of learned Munsiff, Karunagappally. Respondent obtained a decree for recovery of money from petitioner and put the decree in execution. There was a request for personal execution pursuant to which petitioner underwent detention in the civil prison. Thereafter the salary of petitioner to the tune of Rs.9,000/- per month was attached as per order dated 20.06.2011 on E.A. No.252 of 2010. That order is under challenge. 2. At the time of hearing learned counsel requested permission for payment of the amount due in installments. Having considered the request of learned counsel I am inclined to permit petitioner make the request in the executing court. To facilitate that, Ext.P3, order can be kept in abeyance for some time but subject to conditions: O.P(C) No.2597 of 2011 -: 2 :- Resultantly, Original Petition is disposed of in the following lines: (a) it is directed that Ext.P3, order dated 20.06.2011 in E.P. No.153 of 2009 in O.S. No.19 of 2007 of the court of learned Munsiff, Karunagappally will stand in abeyance for a period of two months from this day on condition that petitioner deposited in the executing court for payment to respondent Rs.20,000/- (Rupees Twenty thousand only) within three weeks from this day. (b) In case the above condition is not complied it will be open to the executing court to proceed with execution pursuant to Ext.P3, order. (c) Petitioner is permitted to urge his request for installment facility in the executing court and in case any such request is made, O.P(C) No.2597 of 2011 -: 3 :- executing court shall consider the request and pass appropriate orders after hearing counsel for respondent as well. THOMAS P. JOSEPH, JUDGE. vsv