IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 20570 of 2006(W)
1. SANTHOSH KUMAR, MULLASSERI VEEDU,
... Petitioner
Vs
1. MURUGAN, VATTAVILA PUTHEN VEEDU,
... Respondent
For Petitioner :SRI.SABU S.KALLARAMOOLA
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :09/07/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 20570 OF 2006
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Dated this the 9th day of July, 2007
JUDGMENT
The petitioner who is the judgment debtor in a suit has filed this
Writ Petition impugning Ext.P2 order, ordering his arrest on the reason
that he is evading payment willfully. While admitting this Writ Petition,
this court imposed a condition for granting stay that the petitioner shall
pay to the respondent decree holder a sum of Rs.3,000/- within six
weeks from 04.08.2006. Learned counsel for the petitioner submits that
above condition has been promptly complied with by the petitioner.
Under these circumstances, I dispose of the Writ Petition issuing the
following directions:
The order of stay presently passed will continue on condition that
the petitioner pays to the respondent decree holder towards the decree
debt on every month commencing from the 1st of August 2007 at the
rate of Rs.2,000/- till such time as the entire decree debt is wiped off.
Once the petitioner is confident that the entire decree debt is wiped off,
it is open to him to file an application for recording full satisfaction of the
decree in which case the court below will hear both sides and pass
orders on the same. If the petitioner makes any two defaults in the
WPC No. 20570 of 2006
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matter of remittance of the decree debt, the petitioner will forfeit the
benefit of this judgment in which case the impugned order will become
operative.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No. 20570 of 2006
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