IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 50 of 2008()
1. K.V.JOHN, S/O VARGHESE,
... Petitioner
2. P.RAMACHANDRAN, S/O PONNUSWAMI NAZAR,
Vs
1. THE MANAGER,
... Respondent
2. PONNAMMA JOHN, W/O K.V.JOHN,
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/01/2008
O R D E R
M.N.KRISHNAN, J.
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C.R.P. NO. 50 OF 2008
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Dated this the 25th day of January, 2008
ORDER
This revision petition is preferred against the order
of the Munsiff, Vaikom, in E.P. No. 27/2006 in O.S. No. 51/2004
whereby the court has ordered arrest of judgment debtors 1 and 2.
The contention of the judgment debtors was that they are not having
any means. Though the 1st judgment debtor had 20 cents of land,
there were some proceedings against the same under the
Securitisation Act. But the court below found that no documents are
produced. It is also submitted that the pension received by the 1st
judgment debtor is only Rs. 393/- per month.
2. Since the learned counsel has expressed the
willingness of the claimants to pay off the liability and the decree
holder being a scheduled Bank, I feel it is not necessary to send
them to civil prison but to direct them to pay the amount in some
instalments. Therefore civil revision petition is disposed of as
follows:
C.R.P. NO.50/08 2
(i) Revision petitioners herein are directed to pay a sum of
Rs.15,000/- within a period of three weeks from today, to the decree
holder.
(ii) The balance amount shall be paid in eight equal
monthly instalments commencing from 15.3.08. If the revision
petitioners commit default of payment of the first instalment and
thereafter of two consecutive instalments, the decree holder will be at
liberty to proceed against the judgment debtors and the judgment
debtors are precluded from raising the plea of no means hereafter.
In the light of this order, the court below is directed not to execute the
warrant of arrest.
M.N.KRISHNAN, JUDGE
vps
C.R.P. NO.50/08 3