Pradeep Kumar.K vs Vijayakumar on 28 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 819 of 2009(S)


1. PRADEEP KUMAR.K,AGED 46 YEARS,
                      ...  Petitioner

                        Vs



1. VIJAYAKUMAR,AGED 52 YEARS,S/O.SANKU
                       ...       Respondent

                For Petitioner  :SRI.H.B.SHENOY

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :28/07/2009

 O R D E R
        S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J.
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                 Con.Case (C) No.819 of 2009
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                      Dated 28th July, 2009.

                          J U D G M E N T

Kurian Joseph, J.

Learned counsel appearing for the respondent,

referring to the statement submits that the petitioner has been

put back in possession of the shop room in terms of Annexure I

order. It is seen that the petitioner has to pay an amount of

Rs.1,19,681/-. The said amount has been directed to be paid

within a week. Naturally, the repossession is subject to

compliance with the terms as stated in Annexure I order. Faced

with such a situation, the petitioner prays that an opportunity

may be given to him to pay the dues in four equal monthly

instalments. As a special case, learned counsel for the

respondent submits that the petitioner can be permitted to pay

the amount in two equal monthly instalments. However, in the

peculiar facts and circumstances of this case, we feel that the

petitioner can be permitted to pay the amount in three equal

monthly instalments, starting from the month of August, 2009.

We make it clear that the entire dues as per Annexure I shall paid

by the petitioner in three equal monthly instalments, starting

Con.Case No.819/2009 2

from the month of August, 2009 along with the current rent

before the 20th of each month. We further make it clear that the

instalment facility is granted only in respect of the amount as

stated in Annexure I and the current rent will have to be paid on

the due dates as per the agreement. Needless also to say that in

case there is any default, it will be open to the respondent to take

steps as per the agreement.

S.R.BANNURMATH,
Chief Justice.

KURIAN JOSEPH,
Judge.

tgs

S.R.BANNURMATH, C. J. &

KURIAN JOSEPH, J.

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Con.Case (C) No.819 of 2009

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J U D G M E N T

Dated 28th July, 2009.