IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 CRP.No. 81 of 2011() -------------------- AGAINST THE ORDER DATED 29/01/2011 IN EP 2371/2009 IN OS.1460/2005 of PRL.MUNSIFF COURT,THRISSUR .................... REVN. PETITIONER(S)/JUDGEMENT DEBTORS 3 AND 4 :- --------------------------------------------------------------------------------- 1. V.RAMANATHAN, S/O.V.VENKIDESAN, DEEPTHY HOUSE, PATTURAKKAL, THRISSUR DISTRICT. 2. T.L.GEORGE, S/O.THEKKANATH PANDARAVALAPPIL LONAPPAN, PADIYAM VILLAGE, MANGATTUKARA, THRISSUR DIST. BY ADV. SRI.K.RAVIKUMAR DECREE HOLDER & JUDGEMENT DEBTORS 1 AND 2 :- ---------------------------------------------------------------------------- 1. NOBLE KURIES AND HIRE PURCHASE CO.(PVT) LTD, THRISSUR – 1, NADATHARA P.O. - 680 751. 2. PADUVA CHIT FUND (P) LTD, THRISUR - 1, REPRESENTED BY ITS CHAIRMAN C.L.ANTONY, NADATHARA P.O. - 680 751. 3. C.L.ANTONY, S/O.CHIRAMMEL LONAPPAN, NADATHARA P.O. VILLAGE, 680751 POLUKKARA DESOM, THRISSUR. ADV. SRI.A.MOHAMED MUSTAQUE FOR R1 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRP.No. 81 of 2011 ORDER IN I.A.No.392 OF 2011 IN CRP No.81 OF 2011 Dismissed. SD/- THOMAS P. JOSEPH, JUDGE. 6.7.2011 //True Copy// P.A. to Judge THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ C.R.P. No.81 of 2011 ~~~~~~~~~~~~~~~ Dated this the 6th day of July 2011 O R D E R Judgment Debtors 3 and 4 in E.P.No.2371 of 2009 in O.S.No.1460 of 2005 of the court of learned Prl. Munsiff, Thrissur are the petitioners before me, aggrieved by the order dated January 29, 2011 issuing warrant of arrest on a finding that in spite of having sufficient means they have refused to pay the amount due under the decree to the first respondent. 2. Though various contentions are raised in this revision petition as to the correctness of the impugned order, when the matter was taken up for hearing, learned counsel for petitioner has sought only time for payment of the amount. Learned counsel pointed out the financial difficulties petitioners are facing and requested 5 months time for payment of the amount. It is pointed out that of the C.R.P. No.81 of 2011 -: 2 :- total amount of `70,000/- due under the decree, `25,000/- has already been deposited in the executing court as per order passed by this Court on 16.2.2011. I have heard learned counsel for first respondent also. 3. Having regard to the circumstances stated by learned counsel and hearing the views of the first respondent I am inclined to grant time to the petitioners to discharge the liability. Resultantly this revision petition is disposed of in the following lines:- (1)Petitioners/Judgment Debtors 3 and 4 are granted 5 (five) months' time beginning from 1.8.2011 to pay the balance amount due under the decree to the first respondent. (2)Petitioners shall pay the balance amount in equal monthly instalments provided that by the last instalment the entire amount due is paid. (3)The amount shall be paid to the first respondent C.R.P. No.81 of 2011 -: 3 :- directly or deposited in the executing court on or before the 5th of every month. (4)In case there is default in payment of any two instalments, it will be open to the executing court to proceed with execution pursuant to the impugned order. (5)Coercive steps against petitioner will stand in abeyance during the said period of 5 (five) months or till default is committed as above stated, whichever is earlier. (6)The amount already deposited and may be deposited by petitioners can be withdrawn by the first respondent. THOMAS P. JOSEPH, JUDGE. Jvt