B.Sukesh vs State Bank Of Travancore on 13 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20572 of 2009(O)


1. B.SUKESH, T.C. 4/1950, PANDIT COLONY,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

                For Petitioner  :SRI.SASTHAMANGALAM S. AJITHKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :13/09/2010

 O R D E R
                     HARUN-UL-RASHID, J.
                       ------------------------
                   W.P.(C).No.20572 Of 2009
                        ----------------------
          Dated this the 13th day of September, 2010.

                          J U D G M E N T

The petitioner is the judgment debtor in E.P.No.322 of 2006

in O.S.No.67 of 2004 of the Principal Sub Court,

Thiruvananthapuram. The challenge is against the order passed

by the Principal Sub Court in E.A.No.307 of 2009 in the above

E.P. Ext.P7 is the order.

2. The judgment debtor paid Rs.1 Lakh towards the

decree debt and same was recorded by this Court in the order

dated 4.12.2008. The petitioner requested before the Principal

Sub Court that he may be allowed to pay the balance decree

amount by monthly instalments of Rs.1,000/- per month. The

decree holder bank submitted before the execution court that the

balance amount payable by the petitioner is Rs.90,000/-. The

execution court did not accept the request of the petitioner and a

direction was issued to pay the balance amount in nine equal

monthly instalments.

W.P.(C).No.20572 Of 2009

::2::

3. The learned counsel for the petitioner submitted that

the petitioner is a retired employee and he is getting a meager

amount as pension and the amount is not even sufficient to meet

his daily requirements and requested this Court that he may be

allowed to pay off the decree debt in monthly easy instalments.

4. Taking into account the grievance of the petitioner

who is a retired employee, this Court order that the balance

decree amount shall be paid in monthly instalments of

Rs.5,000/-. It is further ordered that if the monthly instalment is

not paid on or before the 10th of every month and committed

default the decree holder is free to approach the execution court

for realising the decree debt in lump sum.

Writ petition is disposed of as above.

HARUN-UL-RASHID,
Judge.

bkn/-