IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2575 of 2010(O)
1. K.P.SASIDHARAN, AGED 44 YEARS,
... Petitioner
2. U.SREEDHARAN, AGED 55 YEARS,
Vs
1. THE CORPORATION BANK, BOVIKANAM BRANCH
... Respondent
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :15/02/2010
O R D E R
P. BHAVADASAN, J.
=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=
W.P.(C) No. 2575 of 2010
=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=
Dated this the 15th day of February, 2010
JUDGMENT
In this writ petition the petitioners seek to have Ext.P3
order dated 7-1-2010 in E.P. No.190 of 2009 in O.S. No.95 of
2009 pending before the Munsiff’s Court, Kasaragod set
aside.
2. Petitioners are the judgment debtors and the
respondent is the decree holder in O.S. No.95 of 2009 before
the Munsiff’s Court, Kasaragod. It was a money decree. The
amount claimed in the Execution Petition is Rs.44,686/- with
interest at the rate of 10% per annum from 19-3-2009 to 22-
10-2009 on Rs.30,725/- with future interest till realization.
3. The grievance of the petitioner is that without
enquiry into the means to pay the decree debt, all further
proceedings have been initiated illegally. Before this Court
the only prayer made by the petitioners are that they may
be given six months time to pay the amount in instalments.
W.P.(C) No. 2575/2010 2
4. The learned counsel appearing for the respondent is
not amenable to the above request.
5. The request made by the petitioners is just and
reasonable. The petitioners are directed to pay the entire
decree amount in six equal monthly instalments. The first
instalment shall be made on or before 15th of March, 2010
and the subsequent instalment shall be made on 15th of
every succeeding month. In case if the petitioners default of
payment of any of the instalment, the respondent is entitled
to realize the entire decree amount in lump forthwith.
This writ petition is disposed of as above.
P.BHAVADASAN, JUDGE.
mn.