IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25374 of 2007(U)
1. SHINE, S/O. VETHOTTIL VELAYUDHAN,
... Petitioner
Vs
1. PRASANNAKUMAR, S/O. THENDAYAMPARAMBIL
... Respondent
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/08/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C).No. 25374 OF 2007 U
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Dated this the 21st August, 2007.
JUDGMENT
This writ petition is preferred against the order
passed by the learned Munsiff, Kodungallur whereby she
directed the judgment debtor to pay the balance decree
amount in monthly instalments at the rate of Rs.6,000/- per
month. The judgment debtor filed an application with a
prayer to pay off the liability at the rate of Rs.4,000/-
per month. I had gone through the statement prepared from
25.8.2004 to 12.10.2006. The range of payment has been
Rs,5,000/-, Rs.3,000/-, Rs.4,000/- and in one solitary
instalment at the rate of Rs.6,000/-. But the intention of
the judgment debtor to pay off the liability is proved by
the statement and the court below has also exercised its
discretion. Taking into consideration the past conduct and
the capacity, I am inclined to reduce the instalment rate
to Rs.5,000/- instead of Rs.6,000/-. The order of the
court below is modified accordingly and the writ petition
is disposed of.
M.N.KRISHNAN
Judge
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