IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 6480 of 2008(U) ------------------------- AGAINST THE ORDER DATED 18/02/2008 IN EP. 1 /2007 IN OS.205/2001 of PRL.SUB COURT,KOTTAYAM .................... PETITIONER: -------------------- MATHEW P.MATHAN, PUKADIYIL HOUSE, MUTTAMBALAM VILLAGE, PANAYAKAZHIPPU KARA, KOTTAYAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT: ---------------------- IPEKUTTY THOMAS, KARAPPARA HOUSE, VAKATHANAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM. BY ADV. SRI. K.MATHEW JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6480 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of February, 2008. J U D G M E N T This writ petition is filed with a direction to set aside Ext.P7 order passed on 18.2.2008 whereby the Court below has directed attachment of the movables described as items 1 to 12 and items 14 to 16 and items 18 and 19 in the attachment schedule dated 29.10.07. The learned counsel for the respondent is also heard. It is submitted by the learned counsel for the writ petitioner that it is on account of so many difficulties he faces he is unable to pay the amount and there is no intentional evadement of payment. It is further submitted by him by attaching the movables he will suffer irreparable injury and therefore prays for some leniency before the Court. 2. The counsel for the respondent would submit that only an amount of Rs.72,000/- has been paid and the balance of about 5 lakhs or more is still to be paid. The W.P.C 6480 OF 2008 -:2:- learned counsel for the writ petitioner also points out that by selling the movables there cannot be realisation of the entire amount for the reason that the the car sought to be attached is purchased by a hire purchase agreement. Taking note of the entire situation I dispose of the writ petition as follows. (1) The writ petitioner shall file an undertaking affidavit before the Court below that he will not transfer or destroy items 1 to 12, 14 to 16 and 18 and 19 in the attachment schedule annexed to the execution petition within a period of five days. (2) He shall make a payment of Rs.40,000/- on or before 25.3.2008. (3) He shall make balance payment in five monthly equal instalments commencing from 25.4.2008. (4) If there is any default of filing the affidavit or making the initial payment of Rs.40,000/- or thereafter of two consecutive instalments the benefits conferred upon him shall stand cancelled and the decree holder will be at liberty to proceed against the movables by sale of the same. In the W.P.C 6480 OF 2008 -:3:- light of the above directions the Court below is directed not to attach the movables for the time being. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-