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FRANCIS, S/O.INNASU, MUTTATHU HOUSE versus OLLUR SADHU SAMRAKSHNA SANGAM

High Court of Kerala

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FRANCIS, S/O.INNASU, MUTTATHU HOUSE v. OLLUR SADHU SAMRAKSHNA SANGAM - WP(C) No. 26526 of 2005(G) [2007] RD-KL 9981 (11 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26526 of 2005(G)

1. FRANCIS, S/O.INNASU, MUTTATHU HOUSE,
... Petitioner

Vs

1. OLLUR SADHU SAMRAKSHNA SANGAM,
... Respondent

For Petitioner :SRI.M.K.DILEEP KUMAR

For Respondent :SRI.JIJO PAUL

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :11/06/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.26526 of 2005
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Dated: 11th June, 2007



JUDGMENT

Heard both sides. In this Writ Petition under Article 227 of the Constitution the petitioner seeks a direction to the execution court to pass necessary orders so as to enable the petitioner to discharge the decree debt in instalments. Mr.M.K.Dileepkumar, counsel for the petitioner submits that the petitioner has complied with the condition imposed by this court on 7.9.2005 that a sum of Rs.25,000/- shall be paid on or before 9.9.2005 for getting stay. Counsel submits that the petitioner will make regular payment if instalment facility is granted. Counsel for the respondent submits that after giving credit to all the payments made so far the balance amount will come to Rs.2,50,000/- lakhs.

2. Considering the rival submissions addressed before me, I feel that some indulgence can be shown to the petitioner and the petitioner can be permitted to discharge the balance decree amount in monthly instalments of Rs.15,000/- provided he does not cause default of any two instalments. Under these circumstances, this Writ Petition will stand disposed of directing that the order of stay presently granted will continue only if the petitioner pays every W.P.C.No.26526/05 - 2 - month commencing from 2.7.2007 at the rate of Rs.15,000/- towards the decree debt. If default is caused in making any two instalments, he will forfeit the benefits of this judgment. If the petitioner pays the instalments without fail, it is open to him to file an application for recording satisfaction of the decree before the court below once he is confident that the debt is paid off. If such an application is received the court below will consider that application, hear both parties and take a decision on that application.

srd PIUS C.KURIAKOSE, JUDGE


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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