High Court Kerala High Court

Kunjukrishna Pillai vs Mulamoottil Leasing And Higher on 25 August, 2009

Kerala High Court
Kunjukrishna Pillai vs Mulamoottil Leasing And Higher on 25 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21125 of 2009(O)


1. KUNJUKRISHNA PILLAI, S/O. KUNJU PILLAI
                      ...  Petitioner
2. P.M.VIKRAMAN, S/O. MADHAVAN,

                        Vs



1. MULAMOOTTIL LEASING AND HIGHER
                       ...       Respondent

                For Petitioner  :SRI.A.SANIL KUMAR

                For Respondent  :SRI.V.PHILIP MATHEW

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :25/08/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
            W.P.(C).No.21125 OF 2009
           --------------------------
     Dated this the 25th day of August 2009
     -------------------------------------


                     JUDGMENT

The writ petition is filed seeking the

following reliefs.

i) To call for the records leading to

Ext.P3 order in E.P No. 19/2007 in O.S No.373/1999

of the Munsiff Court, Punalur and set aside the

same.

ii) To direct the Munsiff Court, Punalur

to reconsider E.P No.19/2007 in O.S No. 373/1999

and give an opportunity to the petitioners to

adduce evidence in the matter within a stipulated

time as directed by this Hon’ble Court.

W.P.(C).No.21125 OF 2009 Page numbers

iii) To direct the Additional Munsiff

Court, Punalur to grant atleast 20 installments to

pay the balance decree amount and till then Ext.P3

order issuing arrest warrant against the

petitioners in E.P No. 19/2007 in O.S No.373/1999

may be kept in abeyance.

iv) Issue such other reliefs as this

Hon’ble Court may deem fit and proper in the

circumstances of the case.

2. Petitioners are the judgment debtors

in E.P No.19 of 2007 in O.S No.373 of 1999 on the

file of the Munsiff Court, Punalur. Decree in

execution was one for money. In execution of the

decree, pursuant to the steps taken by the decree

holder, warrant was ordered against the judgment

debtors / petitioners. Order passed by the

execution court directing issue of warrant vide

W.P.(C).No.21125 OF 2009 Page numbers

Ext.P3 order is challenged in the writ petition

invoking the supervisory jurisdiction vested with

this court under Article 227 of the Constitution of

India.

3. Notice being issued, the respondent /

decree holder has entered appearance. I heard the

counsel on both sides. The learned counsel for the

petitioners submitted that petitioners are prepared

to discharge the decree debt by instalments as

fixed by this court. It is further submitted, a

sum of Rs.6,000/- on the decree debt has already

been paid. Though the counsel for the decree

holder has some reservation in allowing

installments, having regard to the submissions made

and taking note of the facts and circumstances

presented, I find, judgment debtors can be allowed

to discharge the decree debt in ten equal monthly

instalments. Outstanding amount with interest and

W.P.(C).No.21125 OF 2009 Page numbers

cost, tentatively, calculated at Rs.35,000/-, and

the petitioners are directed to deposit Rs.3500/-

per month on or before 5th day of every month. In

case 5th of the month happens to be a holiday, the

instalment payment has to made in the next working

day positively. In default of payment of one

instalment, the decree holder shall be at liberty

to proceed for recovery of the entire outstanding

amount. Whatever be the outstanding amount due

after payment by nine instalments the rest of the

amount shall be paid in the last instalment by the

judgment debtor. Payment of installment will

commence from next month onwards. Subject to the

above directions, Ext.P3 order is quashed.

Sd/-

S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE

vdv