IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7113 of 2009(O)
1. MUHAMMED HAJEEB, S/O.HABEEB MUHAMMED,
... Petitioner
Vs
1. T.J.PHILIP,
... Respondent
2. MOLLY PHILIP, W/O.JOSEPH,
For Petitioner :SRI.H.HAMZA ROWTHER
For Respondent :SRI.C.HARINDRAMOHAN NAIR
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :05/10/2009
O R D E R
S.S. SATHEESACHANDRAN, J.
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W.P.(C) No.7113 of 2009
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Dated: 5th October, 2009
JUDGMENT
The Writ Petition is filed seeking the following reliefs:
1. To issue a direction to call for the records leading to the passing of
Ext.P4 order and to quash the same.
2. To issue a direction directing the Munsiff’s Court, Kanjirappally to
consider the Exhibit P3 petition for grant of instalment to pay off
decree debt, filed by the petitioner on merits and pass orders
accordingly.
2. Petitioner is the judgment debtor in E.P.No.68 of 2007 in
O.S.No.370 of 2000 on the file of the Munsiff Court, Kanjirappally.
Petitioner had pleaded no means resisting the execution of the decree.
The execution court, after enquiry, negatived the plea of no means
canvassed by the judgment debtor. Impeaching the correctness of that
order, the Writ Petition was filed seeking the aforementioned reliefs
invoking the supervisory jurisdiction vested with this court under
Article 227 of the Constitution of India.
3. Pursuant to the orders passed in the Writ Petition from time to
time, the petitioner had deposited a sum of Rs.25,000/- in total
WPC 7113/09 2
towards the decree debt. The balance amount on the decree inclusive
of the principal amount and interest is approximately Rs.30,000/-.
Counsel on both sides submitted that the judgment debtor can be
allowed to discharge the outstanding decree debt in instalments.
Having regard to the outstanding amount due towards the decree
debt, the judgment debtor is allowed to pay the sum in ten instalments
of Rs.3000/- each and thus discharge the decree debt. The first
instalment of which shall be paid on or before 5th of November, 2009
and the rest of the instalments on every month thereafter before 5th.
In case the 5th of the month happens to be a holiday, the instalment
due shall be remitted or deposited on the next working day itself.
Whatever be the amount outstanding after the 9th instalment, the
entire balance sum to clear the decree debt shall be paid on the 10th
instalment. In case default of one instalment is made by the judgment
debtor, it is open to the decree holder to proceed for realisation of the
entire outstanding amount due under the decree. The warrant issued
against the judgment debtor is directed to be recalled and in the event
of default of instalment, without any further enquiry, the court shall
issue warrant and take appropriate steps for realisation of the balance
decree debt. Subject to the above directions, the Writ Petition is
disposed.
srd S.S. SATHEESACHANDRAN, JUDGE WPC 7113/09 3