The High Court allowed a civil revision petition by granting judgment debtors five months of time to pay the balance decree amount in monthly instalments, placing coercive steps in abeyance during this period.
Five months time granted to pay balance decree amount in monthly instalments; coercive steps in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933
CRP.No. 81 of 2011()
-------------------AGAINST THE ORDER DATED 29/01/2011 IN EP 2371/2009 IN OS.1460/2005 of PRL.MUNSIFF COURT,THRISSUR
REVN. PETITIONER(S)/JUDGEMENT DEBTORS 3 AND 4 :-
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1. V.RAMANATHAN, S/O.V.VENKIDESAN, DEEPTHY HOUSE, PATTURAKKAL, THRISSUR DISTRICT.
2. T.L.GEORGE, S/O.THEKKANATH PANDARAVALAPPIL LONAPPAN, PADIYAM VILLAGE, MANGATTUKARA, THRISSUR DIST.
BY ADV. SRI.K.RAVIKUMAR
DECREE HOLDER & JUDGEMENT DEBTORS 1 AND 2 :-
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1. NOBLE KURIES AND HIRE PURCHASE CO.(PVT) LTD, THRISSUR – 1, NADATHARA P.O. - 680 751.
2. PADUVA CHIT FUND (P) LTD, THRISUR - 1, REPRESENTED BY ITS CHAIRMAN C.L.ANTONY, NADATHARA P.O. - 680 751.
3. C.L.ANTONY, S/O.CHIRAMMEL LONAPPAN, NADATHARA P.O. VILLAGE, 680751 POLUKKARA DESOM, THRISSUR.
ADV. SRI.A.MOHAMED MUSTAQUE FOR R1
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
CRP.No. 81 of 2011
ORDER IN I.A.No.392 OF 2011 IN CRP No.81 OF 2011
Dismissed.
SD/- THOMAS P. JOSEPH, JUDGE.
6.7.2011
//True Copy//
P.A. to Judge
THOMAS P. JOSEPH, J.
~~~~~~~~~~~~~~~~
C.R.P. No.81 of 2011
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Dated this the 6th day of July 2011
O R D E R
Judgment Debtors 3 and 4 in E.P.No.2371 of 2009 in O.S.No.1460 of 2005 of the court of learned Prl. Munsiff, Thrissur are the petitioners before me, aggrieved by the order dated January 29, 2011 issuing warrant of arrest on a finding that in spite of having sufficient means they have refused to pay the amount due under the decree to the first respondent.
C.R.P. No.81 of 2011
-: 2 :-
total amount of 70,000/- due under the decree, 25,000/has already been deposited in the executing court as per order passed by this Court on 16.2.2011. I have heard learned counsel for first respondent also.
Resultantly this revision petition is disposed of in the following lines:-
C.R.P. No.81 of 2011
directly or deposited in the executing court on or before the 5th of every month.
(6)The amount already deposited and may be deposited by petitioners can be withdrawn by the first respondent.
THOMAS P. JOSEPH, JUDGE.
Jvt
2 issues framed by the court
Whether time for payment of decree amount should be granted due to financial difficulties and partial deposit.
Whether coefficients of execution warrant of arrest should be in abeyance during the time granted for payment.
V.RAMANATHAN
T.L.GEORGE
NOBLE KURIES AND HIRE PURCHASE CO.(PVT) LTD
PADUVA CHIT FUND (P) LTD
C.L.ANTONY
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
