High Court Kerala High Court

K.V.John vs The Manager on 25 January, 2008

Kerala High Court
K.V.John vs The Manager on 25 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 50 of 2008()


1. K.V.JOHN, S/O VARGHESE,
                      ...  Petitioner
2. P.RAMACHANDRAN, S/O PONNUSWAMI NAZAR,

                        Vs



1. THE MANAGER,
                       ...       Respondent

2. PONNAMMA JOHN, W/O K.V.JOHN,

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :25/01/2008

 O R D E R
                         M.N.KRISHNAN, J.
                         --------------------------
                       C.R.P. NO. 50 OF 2008
                           ---------------------
              Dated this the 25th day of January, 2008

                                ORDER

This revision petition is preferred against the order

of the Munsiff, Vaikom, in E.P. No. 27/2006 in O.S. No. 51/2004

whereby the court has ordered arrest of judgment debtors 1 and 2.

The contention of the judgment debtors was that they are not having

any means. Though the 1st judgment debtor had 20 cents of land,

there were some proceedings against the same under the

Securitisation Act. But the court below found that no documents are

produced. It is also submitted that the pension received by the 1st

judgment debtor is only Rs. 393/- per month.

2. Since the learned counsel has expressed the

willingness of the claimants to pay off the liability and the decree

holder being a scheduled Bank, I feel it is not necessary to send

them to civil prison but to direct them to pay the amount in some

instalments. Therefore civil revision petition is disposed of as

follows:

C.R.P. NO.50/08 2

(i) Revision petitioners herein are directed to pay a sum of

Rs.15,000/- within a period of three weeks from today, to the decree

holder.

(ii) The balance amount shall be paid in eight equal

monthly instalments commencing from 15.3.08. If the revision

petitioners commit default of payment of the first instalment and

thereafter of two consecutive instalments, the decree holder will be at

liberty to proceed against the judgment debtors and the judgment

debtors are precluded from raising the plea of no means hereafter.

In the light of this order, the court below is directed not to execute the

warrant of arrest.

M.N.KRISHNAN, JUDGE

vps

C.R.P. NO.50/08 3