Francis vs Ollur Sadhu Samrakshna Sangam on 11 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26526 of 2005(G)


1. FRANCIS, S/O.INNASU, MUTTATHU HOUSE,
                      ...  Petitioner

                        Vs



1. OLLUR SADHU SAMRAKSHNA SANGAM,
                       ...       Respondent

                For Petitioner  :SRI.M.K.DILEEP KUMAR

                For Respondent  :SRI.JIJO PAUL

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :11/06/2007

 O R D E R


                           PIUS C. KURIAKOSE,J.

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                         W.P.(C) No.26526 of 2005

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                            Dated: 11th June, 2007


                                  JUDGMENT

Heard both sides. In this Writ Petition under Article 227 of the

Constitution the petitioner seeks a direction to the execution court to

pass necessary orders so as to enable the petitioner to discharge the

decree debt in instalments. Mr.M.K.Dileepkumar, counsel for the

petitioner submits that the petitioner has complied with the condition

imposed by this court on 7.9.2005 that a sum of Rs.25,000/- shall be

paid on or before 9.9.2005 for getting stay. Counsel submits that the

petitioner will make regular payment if instalment facility is granted.

Counsel for the respondent submits that after giving credit to all the

payments made so far the balance amount will come to Rs.2,50,000/-

lakhs.

2. Considering the rival submissions addressed before me, I feel

that some indulgence can be shown to the petitioner and the

petitioner can be permitted to discharge the balance decree amount

in monthly instalments of Rs.15,000/- provided he does not cause

default of any two instalments. Under these circumstances, this Writ

Petition will stand disposed of directing that the order of stay

presently granted will continue only if the petitioner pays every

W.P.C.No.26526/05 – 2 –

month commencing from 2.7.2007 at the rate of Rs.15,000/- towards

the decree debt. If default is caused in making any two instalments,

he will forfeit the benefits of this judgment. If the petitioner pays the

instalments without fail, it is open to him to file an application for

recording satisfaction of the decree before the court below once he is

confident that the debt is paid off. If such an application is received

the court below will consider that application, hear both parties and

take a decision on that application.

srd                                                    PIUS C.KURIAKOSE, JUDGE