High Court Kerala High Court

P.A.Cheriyan vs Mallappally Grama Panchayath on 6 September, 2010

Kerala High Court
P.A.Cheriyan vs Mallappally Grama Panchayath on 6 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21098 of 2009(O)


1. P.A.CHERIYAN,
                      ...  Petitioner

                        Vs



1. MALLAPPALLY GRAMA PANCHAYATH,
                       ...       Respondent

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  :DR.K.P.SATHEESAN

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :06/09/2010

 O R D E R
                      HARUN-UL-RASHID, J.
                       ------------------------
                    W.P.(C).No.21098 Of 2009
                        ----------------------
            Dated this the 6th day of September, 2010.

                          J U D G M E N T

Petitioner is the judgment debtor in E.P.No.19 of 2007 in

O.S.No.43 of 1999 of the Munsiff Court, Thiruvalla. Ext.P2 is the

execution petition. The execution court issued warrant of arrest.

Petitioner filed Ext.P4, namely, E.A.No.80 of 2009, praying to

permit him to pay the decree debt in monthly instalments of

Rs.5,000/- each. Ext.P5 is the order passed in Ext.P4. The

execution court found that the outstanding decree debt is

approximately Rs.3.5 Lakhs, therefore, the request of the

petitioner to pay the decree debt in instalments of Rs.5,000/-

cannot be allowed. I find that the learned Sub Judge is justified

in rejecting the request of the petitioner vide Ext.P5 order.

2. The petitioner, in order to avoid coercive proceedings,

agreed to pay the decree debt in instalments. The learned

counsel for the petitioner requested this Court, that the petitioner

may be permitted to pay Rs.1 Lakh within two months from

today and the balance decree amount in equal monthly

W.P.(C).No.21098 Of 2009

::2::

instalments of Rs.15,000/- each. Since the suggestion is

reasonable, this Court is of the view that in the interest of justice,

the petitioner shall be given an opportunity to pay off the decree

debt in instalments.

3. Accordingly, it is ordered that further proceedings in

execution of the decree shall be kept in abeyance provided the

petitioner shall deposit Rs.1 Lakh within two months from today

and the balance decree amount in monthly instalments of

Rs.15,000/-. The instalment amount shall be paid on or before

10th of every month. If the petitioner defaulted in paying the

amount of Rs.1 Lakh or any of the instalments as stated above,

the execution court shall proceed with the execution by resorting

to arrest and detention.

4. The suit was decreed allowing the plaintiff to realise a

sum of Rs.1,63,979/- with interest at the rate of 18% on

1,42,800/- from the date of suit till realisation. Learned counsel

for the petitioner submitted that the rate of interest decreed is

unconscionable and the petitioner is finding it difficult to repay

the principal amount with unconscionable rate of interest.

W.P.(C).No.21098 Of 2009

::3::

Learned counsel submitted that his client will file a request before

the decree holder seeking permission to pay the principal amount

at a reduced rate of interest. If the petitioner submits a request

in that respect within a period of two weeks from today, the

decree holder/Panchayath shall consider the same and pass

appropriate orders as expeditiously as possible, at any rate,

within a period of three weeks thereafter. The decree holder

shall file a statement showing the balance amount due before the

execution court within a period of three weeks from today. The

impugned order is set aside.

Writ petition is disposed of as above.

HARUN-UL-RASHID,
Judge.

bkn/-