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