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K.V. SHIBU versus JYOTHI, AGED 42

High Court of Kerala

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K.V. SHIBU v. JYOTHI, AGED 42 - WP(C) No. 13200 of 2006(U) [2007] RD-KL 1549 (19 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13200 of 2006(U)

1. K.V. SHIBU,
... Petitioner

Vs

1. JYOTHI, AGED 42,
... Respondent

For Petitioner :SRI.T.R.RAJAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :19/01/2007

O R D E R

M.SASIDHARAN NAMBIAR,J.

W.P.(C)NO.13200 OF 2006

DATED THIS THE 19th DAY OF JANUARY, 2007



JUDGMENT

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.

M.SASIDHARAN NAMBIAR,JUDGE

Acd


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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