IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 CRP.No. 253 of 2008() --------------------- ORDER DATED 12.11.2007 IN E.P.1665/04 IN O.S.No.1422/03 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA. REVN. PETITIONER: JUDGMENT DEBTORS 1 AND 3/DEFENDANTS 1 AND 3 ------------------------------------------------------------- 1. JOJU THOMAS, S/O KALAN THOMAS, NELLAYI DESOM, PARAPUKARA VILLAGE, MUKUNDAPURAM TALUK. 2. JOHN THOMAS, S/O KALAN THOMAS, NELLAYI DESOM, PARAPUKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: DECREE HOLDER/PLAINTIFF ------------------------------------------------- SUSAKTHA FINANCE AND CHITS LTD., THORAVU VILLAGE, PUDUKAD DESOM, THE FIRM REP. BY MANAGING DIRECTOR, SATHEESAN, S/O VELAYUDHAN, NENMANI VILLAGE, MUKUNDAPURAM TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 253 OF 2008 --------------------- Dated this the 17th day of March, 2008 ORDER This civil revision petition is preferred against the order of the Principal Munsiff, Irinjalakuda, in EP 1665/04 in OS 1422/03 whereby he has ordered arrest of judgment debtors 1 and 3. 2. It is contended that the judgment debtors 1 and 3 were making payment and the court without much evidence had ordered arrest. The decree holder is a financing company. Learned counsel for the revision petitioners herein submits that if sufficient opportunity is given his clients are inclined to pay the amount fully. There is no point in sending them to jail if they have got the preparedness to pay the amount. I dispose of the writ petition with the following directions: (1) The revision petitioners are directed to wipe off the decree debt in five monthly equal instalments. The first instalment will commence on 10.4.08, the second instalment on 18.5.08 and the other instalments on the 18 of the other English months. (2) If the revision petitioners commit default in making payment of the first instalment or two other consecutive instalments, C.R.P. 253/08 2 the revision petitioners will forfeit the benefit granted to them and the decree holder will be entitled to proceed against them for realisation of the amount by arrest and detention. (3) In the light of the above, the court below is directed not to arrest them till a default is made. M.N.KRISHNAN, JUDGE vps C.R.P. 253/08 3