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K.P.ABDUL MAJEED v. M/S.STATE BANK OF TRAVANCORE - CRP No. 989 of 2006  RD-KL 1294 (17 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCRP No. 989 of 2006()
1. K.P.ABDUL MAJEED,
2. K.V.ABDULLA, S/O.KALANTHAN,
1. M/S.STATE BANK OF TRAVANCORE,
For Petitioner :SRI.MOHANAN V.T.K.
For Respondent :SRI.SATHISH NINAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
O R D E R
M.SASIDHARAN NAMBIAR,J.C.R.P .NO.989 OF 2006 Dated 17th January 2007
O R D E RPetitioners are judgment debtors and respondent the decree holder. For realisation of decree debt in O.S.17/05 respondent filed E.P.49/06 contending that in spite of sufficient means, petitioners are refusing to pay the decree debt. As per order dated 18/10/2006 executing court ordered arrest of petitioners. It is challenged in this petition filed under Section 115 of Code of Civil Procedure.
2. Learned counsel appearing for petitioners and respondent were heard.
3. Argument of learned counsel appearing for petitioners is that petitioners sought payment of decree debt in instalments and learned Sub Judge should have granted permission to pay the decree debt in instalments. Learned counsel appearing for respondent submitted that decree was granted in 24/5/2005 and in such circumstance, petitioners are 2 not entitled to get instalment facility especially when decree does not provide for payment in instalments.
4. Hearing learned counsel appearing for petitioners and respondent, in the interest of justice, petitioners are permitted to pay the entire decree debt in 12 equal monthly instalments, first instalment falling on 12/2/2007. It is made clear that if petitioners commit default in payment of any two instalments, executing court to proceed by arrest and detention of the petitioners. Revision petition is disposed accordingly. M.SASIDHARAN NAMBIAR,
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