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K.V. SHIBU v. JYOTHI, AGED 42 - WP(C) No. 13200 of 2006(U)  RD-KL 1549 (19 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 13200 of 2006(U)
1. K.V. SHIBU,
1. JYOTHI, AGED 42,
For Petitioner :SRI.T.R.RAJAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
O R D E R
M.SASIDHARAN NAMBIAR,J.W.P.(C)NO.13200 OF 2006
DATED THIS THE 19th DAY OF JANUARY, 2007
Petitioner is judgment debtor and respondent decree holder. Petitioner filed E.A.344/05, an application for permission to pay the decree debt in instalments at the rate of Rs.1,000/- per month. It was opposed by decree holder as per Ext.P3 order. Learned Munsiff dismissed the application. It is challenged in this petition filed under Article 227 of Constitution of India.
2. Though notice was served on respondent, respondent did not appear.
3. Learned Counsel appearing for petitioner was heard.
4. As per order dated, 24.5.06, while granting an order of stay, petitioner was directed to deposit Rs.15,000/- within one month. It is submitted by learned Counsel appearing for petitioner was that the said amount has already been deposited before the executing Court. Ext.P1 execution petition shows that Rs.43,250/- was claimed in the EP. Ext.P3 order shows that Rs.10,000/- has been paid when the execution proceedings was pending. In such circumstances, petitioner is directed to pay the balance W.P.(c)13200/06 2 decree debt in six equal monthly instalments. First instalment falling on 12.2.07. If the petitioner commits default in payment of two consecutive instalments, executing Court to proceed with the order of arrest.
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