Petitioner, a judgment debtor facing civil detention, sought acceptance of part payments and suspension of arrest warrant in execution proceedings. Court observed petitioner already has installment facility under existing order and disposed of petition without further order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2016/21ST MAGHA, 1937
OP(C).No. 394 of 2016 (O)
E.P NO.265/2011 IN OS 91/2010 of PRINCIPAL SUB COURT,THALASSERY
PETITIONER(S)/JUDGMENT DEBTOR:
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SREEJITH.M.P AGED 50 YEARS MANAGING , CHAITHANYA VOCATIONAL TRAINING CENTRE LOGANS ROAD, THALASSERY, KANNUR DISTRICT.
BY ADV. SRI.MOHANAN V.T.K.
RESPONDENT(S)/DECREE HOLDER:
DRAUPATHI.C W/O.K.N. SUBRAMANYAN, USHA NIVA, S ERANJOLI AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT 670 001.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 394 of 2016 (O) --------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
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EXT. P1TRUE COPY OF THE ORDER DATED 13.8.2015 IN C.R.P NO.385/2015 OF THIS HON'BLE COURT EXT.P2TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETIITONER ISSUED FROM LAKESHORE HOSPITAL
RESPONDENT(S)' EXHIBITS NIL
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//TRUE COPY//
P.A TO JUDGE
vdv
K.ABRAHAM MATHEW, J.
===================== O.P.(C) No.394 of 2016
==========================
Dated this the 10th day of February, 2016
JUDGMENT
Petitioner is the judgment debtor in O.S No.91 of 2010 of Principal Sub Court, Thalassery. The decree is for payment of money. In E.P No.265 of 2011 the executing court is said to have found that he has the means to pay the debt and he is liable to be detained in civil jail. At the request of the petitioner in C.R.P No.385 of 2015 this Court allowed the petitioner to pay the decree debt in monthly instalments at the rate of `15,000/- per month. The prayer in this original petition is to direct the executing court to “accept the payment in E.P No.265/2011 in part payments considering the other debt liabilities of the petitioner's family”. There is also a prayer to direct the executing court to keep in abeyance the arrest warrant.
3. The petitioner has already been granted instalment facility
by this Court. No further order is required. Learned counsel
O.P.(C) No.394/2016
2
submits that the petitioner is a cancer patient. He may bring it to the notice of the executing court.
In the result, this original petition is disposed of.
Sd/-
K.ABRAHAM MATHEW, JUDGE
vdv/10/02/16
SREEJITH.M.P
DRAUPATHI.C
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
