IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23545 of 2008(C)
1. KRISHNAKUMAR
... Petitioner
Vs
1. M/S. SUKANYA KURIES AND LOANS (P) LTD
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.P.V.CHANDRA MOHAN
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :10/12/2008
O R D E R
K.P. Balachandran, J.
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W.P.(C)No.23545 of 2008 C
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JUDGMENT
Petitioner is the second judgment debtor in
O.S.No.2484/03 on the file of the Munsiff’s Court,
Thrissur. He assails in this writ petition Exhibit
P5 order allowing personal execution against him
finding that he is a person having ability and
means to discharge the debt in the said suit
covered by E.P.No.275/07.
2. When the matter came up for hearing,
counsel on both sides agree that the writ petition
can be disposed of granting the petitioner leave to
discharge the debt by payment in monthly
instalments of Rs.3,500/-.
3. In the result, I allow the petitioner/second
judgment debtor to discharge the debt involved in
E.P.No.275/07 in O.S.No.2484/03 on the file of the
Munsiff’s Court, Thrissur by making payments at the
rate of Rs.3,500/- per month beginning with 10th day
of January, 2009. The monthly instalments shall be
WPC 23545/08 2
paid on or before the 10th day of every calendar
month and the matter reported to the execution
court. In the event of the petitioner committing
default in payment of any two consecutive monthly
instalments, the benefit of discharge of debt in
monthly instalments shall stand forfeited and the
decree holder shall be entitled to move for
recovery of the balance debt in lump by personal
execution as against the petitioner, as I have not
interfered with Exhibit P5 order assailed in this
writ petition.
The writ petition is disposed of as above.
10th December, 2008 (K.P.Balachandran, Judge)
tkv