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BALAKRISHNAN NAIR versus K.B. PRABHAKARAN, S/O. KUNCHU KRISHNAN

High Court of Kerala

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BALAKRISHNAN NAIR v. K.B. PRABHAKARAN, S/O. KUNCHU KRISHNAN - CRP No. 947 of 2005 [2006] RD-KL 3019 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 947 of 2005()

1. BALAKRISHNAN NAIR,
... Petitioner

Vs

1. K.B. PRABHAKARAN, S/O. KUNCHU KRISHNAN
... Respondent

For Petitioner :SRI.T.M.ABDUL LATHEEF

For Respondent :SRI.M.R.RAJESH

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :11/12/2006

O R D E R

M.Sasidharan Nambiar,J.

C.R.P No.947 of 2005

Dated this the 11th day of December,2006

O R D E R

Petitioner is the judgment debtor. Respondent is the decree holder. Petitioner is challenging the order passed by Sub Judge, Attingal in E.P.4/05. Case of petitioner was that he has no means to pay the decree debt and learned Sub Judge has not properly appreciated the evidence and hence the order is to be set aside.

2. On hearing learned counsel appearing for petitioner and the respondent, I do not find any illegality or irregularity in the order warranting interference in exercise of the revisional jurisdiction of this court under section 115 of the Code of Civil Procedure Code. On appreciating the evidence executing court found that petitioner has sufficient means to pay the decree debt. Learned counsel appearing for the petitioner then submitted that petitioner may be permitted to pay CRP No.947/05 2 the balance decree debt in thirty equal monthly instalments. Learned counsel appearing for the respondent submitted that if the petitioner is prepared to pay the decree amount without failure, instalment facility can be granted.

3. Petitioner is permitted to pay the entire balance decree debt in thirty equal monthly instalments,the first monthly instalment falling due on 1.1.07 and the subsequent due dates being first day of the remaining months. If petitioner commits default in payment of two consecutive monthly instalments, respondent is entitled to get the petitioner arrested and detained in prison. Civil Revision Petition is disposed as above. M.Sasidharan Nambiar Judge tpl/-

M.SASIDHARAN NAMBIAR, J.

CRL.R.P.NO. /97

ORDER

MARCH,2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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