IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2867 of 2008(N) -------------------------------------- AGAINST THE ORDER IN EP.685/07 IN OS.326/2002 OF MUNSIFF COURT.,THRISSUR. .................... PETITIONER: ------------------- K.P.VARGHESE, S/O.KOONAN PORINCHU, PANAMKUTTICHIRA DESOM, EDAKUNNI VILLAGE, THRISSUR TALUK. BY ADV. SRI.JIJO PAUL. RESPONDENT: ---------------------- HILL VALLEY CORPORATION, A PARTNERSHIP FIRM, TIRUR DESOM, KILLANNUR VILLAGE, THRISSUR TALUK, REPRESENTED BY THE MANAGING PARTNER, VARGHESE JOSE, S/O.THANIKKAL CHALISSERYJOSE, KARAMUKKU VILLAGE, DESOM, THRISSUR TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2867 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of January, 2008. J U D G M E N T This writ petition is filed for a direction to the Munsiff, Thrissur to issue a copy of the order in E.P.685/07 passed on 27.11.07 and consequential other reliefs. Heard the learned counsel for the writ petitioner. He is the principal debtor in execution of a decree. Now the Court below has ordered attachment of the salary of the sureties. The writ petitioner would submit he is prepared to pay the amount which comes to about Rs.48,000/-, according to him, if some time is granted and that he is further prepared to pay Rs.20,000/- within a period of three weeks. Considering the attitude of the writ petitioner it is always desirable that the man who borrows the amount pays it back and that the sureties do not suffer on account of his conduct. Therefore, I think this is a fit case where the writ petition can be disposed of as follows. 2. The writ petitioner is directed to make a payment of Rs.20,000/- within a period of three weeks from today to W.P.C 2867 OF 2008 -:2:- the decree holder. On payment of Rs.20,000/-, the Court below is directed to fix the balance amount due and then direct the principal judgment debtor to pay the said amount in five monthly equal instalments. If there is default of the initial payment or two consecutive instalments thereafter the decree holder will be at liberty to proceed against the sureties for attachment of their salaries. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-