IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32847 of 2005(I)
1. SHIVALI BRAHMANA ABHYUDHAYA SANGA(R),
... Petitioner
2. SHIVARAMA PADAKANNAYA,
3. K.PRABHAKARA BALLAKURAYA,
4. D.BALAKRISHNA BHAT, S/O.SRINIVASA BHAT,
5. SHREERAMA MOODITHAYA,
6. K.PRAFULCHANDRA KUBANOORAYA,
Vs
1. SUDHAMA KEDILAYA, S/O.N.NARAYANA
... Respondent
For Petitioner :SRI.D.KRISHNA PRASAD
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :27/02/2008
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C) No. 32847 of 2005
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Dated, this the 27th day of February, 2008
J U D G M E N T
Heard learned counsel for the petitioners. Even though
respondent is served with notice he has not entered appearance
before this Court. Under challenge is Ext.P3 order passed by the
Execution Court issuing arrest warrant against the petitioners.
Obviously, the petitioners were making payments towards the
decree debt in instalments. Even on the date when Ext.P3 order
was passed a sum of Rs.4,000/- was paid. The learned Munsiff,
who noticed the circumstance that no contention had been raised to
the effect that the petitioners are without means for paying the
decree debt in a lump or a substantial portion thereof become
inclined to issue the order of arrest, since the court thought that
allowing the petitioners to pay the decree debt in instalments will
lead to indefinite protraction of the execution proceedings. While
admitting this writ petition, this Court granted stay subject to a
condition that a sum of Rs.25,000/- shall be paid with in a period of
one month from today. The learned counsel for the petitioners is
not able to inform me whether the above condition has been
complied with. Since there is no contest from the respondent, I
WP(C) No. 32847/2005
dispose of the writ petition in the following terms.
2. The court below will verify whether the petitioners have
complied with the condition imposed by this Court on 25/11/2005
while passing interim order of stay. If it is seen that the conditions
have been complied with by the petitioners the court below will
keep in abeyance all proceedings pursuant to Ext.P3 subject to the
further condition that the petitioners pay every month commencing
from 01/04/2008 @ Rs.7,500/- till such time as entire decree debt
is wiped off. Once the petitioners are confident that the entire
decree debt is wiped off, it is open to the petitioners to file an
application before the Executing Court for recording full satisfaction
of the decree debt, in which case the same will be considered by the
court below and will pass orders on the application after hearing all
the parties. It is also made clear that in the event of any two
defaults in the matter of making payments of the decree debt in
instalments as directed above, the petitioner will forfeit the benefits
of this judgment.
This writ petition is disposed of as above.
(PIUS C.KURIAKOSE, JUDGE)
jg