Joshy v. Ramadevan
Case brief
What is this about?
The High Court directed the judgment debtor to make an initial payment of Rs. 50,000 followed by monthly instalments of Rs. 15,000 to discharge the decree debt, subject to continued performance; default would forfeit this benefit.
What did the court decide?
Directed initial payment of Rs. 50,000 by 19-01-2009; balance debt to be discharged via monthly instalments of Rs. 15,000 starting 20-02-2009; default results in forfeiture of instalment scheme and pe
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930
CRP.No. 886 of 2008
EP.456/2004 IN OS.357/2003 of PRL.SUB COURT, IRINJALAKUDA
REVN. PETITIONER/JUDGMENT DEBTOR:
JOSHY, S/O PAUL, MULLAKKARA HOUSE, KALLUR VILLAGE, DESOM, MUKUNDAPURAM TALUK.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENT/DECREE HOLDER:
SADU @ RAMADEVAN, S/O PALLATH KUTTAPPAN, VADAKKOOTT HOUSE, PACHALIPURAM DESOM, AMBALLUR VILLAGE, THRISSUR DISTRICT.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the petitioner should be allowed to discharge the judgment debt through monthly instalments.
Whether an initial lump-sum payment and forfeiture conditions constitute a discharge of debt by instalments.
Parties & counsel
- petitioner
JOSHY, S/O PAUL
- respondent
SADU @ RAMADEVAN
Coram
K.P. BALACHANDRAN
Case details
As recorded by the court registry
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