IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13200 of 2006(U)
1. K.V. SHIBU,
... Petitioner
Vs
1. JYOTHI, AGED 42,
... Respondent
For Petitioner :SRI.T.R.RAJAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :19/01/2007
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C)NO.13200 OF 2006
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DATED THIS THE 19th DAY OF JANUARY, 2007
JUDGMENT
Petitioner is judgment debtor and respondent decree holder.
Petitioner filed E.A.344/05, an application for permission to pay the
decree debt in instalments at the rate of Rs.1,000/- per month. It was
opposed by decree holder as per Ext.P3 order. Learned Munsiff
dismissed the application. It is challenged in this petition filed under
Article 227 of Constitution of India.
2. Though notice was served on respondent, respondent did
not appear.
3. Learned Counsel appearing for petitioner was heard.
4. As per order dated, 24.5.06, while granting an order of
stay, petitioner was directed to deposit Rs.15,000/- within one month.
It is submitted by learned Counsel appearing for petitioner was that
the said amount has already been deposited before the executing
Court. Ext.P1 execution petition shows that Rs.43,250/- was claimed
in the EP. Ext.P3 order shows that Rs.10,000/- has been paid when
the execution proceedings was pending.
In such circumstances, petitioner is directed to pay the balance
W.P.(c)13200/06 2
decree debt in six equal monthly instalments. First instalment
falling on 12.2.07. If the petitioner commits default in payment of
two consecutive instalments, executing Court to proceed with the
order of arrest.
M.SASIDHARAN NAMBIAR,JUDGE
Acd