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JACOB S/O. PAZHADATH PARAMBIL versus K.R.DAVID KATTILPEEDIKA HOUSE

High Court of Kerala

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JACOB S/O. PAZHADATH PARAMBIL v. K.R.DAVID KATTILPEEDIKA HOUSE - CRP No. 1324 of 2004 [2007] RD-KL 2472 (2 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1324 of 2004()

1. JACOB S/O. PAZHADATH PARAMBIL
... Petitioner

Vs

1. K.R.DAVID KATTILPEEDIKA HOUSE,
... Respondent

For Petitioner :SRI.T.N.MANOJ

For Respondent :SRI.G.SREEKUMAR (CHELUR)

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :02/02/2007

O R D E R

M.N.KRISHNAN, J.


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C.R.P.NO.1324 OF 2004
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Dated this the 2nd day of February 2007

ORDER

This revision is preferred against the order passed under E.P.No.1251/02. The decree is one for realisation of the amount and the Execution Petition is filed for arrest and detention of the judgment debtor. The executing court found in favour of the decree holder and ordered arrest warrant. It is against that decision the present CRP is filed. Heard counsel for both sides. As per the interim order passed by this court an amount of Rs.10,000/- has already been paid. The learned counsel for the judgment debtor submits that the financial position of his client is very bad and he has got earnest desire to pay the amount provided breathing time is given for payment by way of instalments. Since he has got the desire, it is only just and equitable to grant some time to wipe off the liability. Therefore, CRP is disposed of as follows: (1) The revision petitioner is directed to pay a sum of Rs.10,000/- within a period of six weeks from today to the decree holder. C.R.P.NO.1324 OF 2004 Page numbers (2) The balance amount be paid in six monthly equal instalments. (3) If there is a breach of two consecutive payments, then the facility granted to him will be cancelled and the decree holder can proceed with the execution of the decree in accordance with law.

M.N.KRISHNAN, JUDGE

jes


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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