IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 676 of 2008()
1. PRABHAKARAN PILLAI
... Petitioner
Vs
1. VIJAYA BANK, WILLINGDON ISLAND BRANCH
... Respondent
2. K.K.KARUNAKARAN,
For Petitioner :SRI.P.P.JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/09/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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C.R.P.No.676 of 2008
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Dated this the 2nd September, 2008.
O R D E R
This petition is filed under Section 115 of Code of
Civil Procedure challenging the order of arrest passed by Munsiff,
Kochi, in E.P.No.39 of 2008.
2. Learned counsel appearing for the petitioner and
first respondent, decree holder, were heard.
3. Learned counsel appearing for the petitioner
submitted that petitioner is not having any other income except
the salary and respondent, decree holder, may be permitted to
realise the decree debt, by attachment of the salary.
4. Learned counsel appearing for the first
respondent submitted that it is not for the judgment debtor to
decide as to how to execute the decree. When the means of the
petitioner is not disputed, there is no illegality in the impugned
order.
W.P.(C) No.676 of 2008
2
5. In view of the submission made by learned
counsel for the petitioner that he is prepared to pay the decree
debt in instalments, petitioner is granted an opportunity to file an
application before the Executing court for permission to pay the
decree debt in instalments. If such an application is filed before
the Executing Court within two weeks from today, the Executing
Court shall consider the same and pass appropriate orders, in
accordance with law. Till then, the order of arrest shall not be
executed.
The writ petition is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.