The petitioner is the defendant in O.S.No.580 of 2002 on the files of the Munsiff Court, Thiruvalla. The above suit was one for realisation of money and the suit was decreed on 07/10/2006 allowing the respondent to realise a sum of ₹ 30,720/- with 6% interest from the date of suit till realisation. The respondent filed E.P.No.28 of 2007 for realisation of ₹ 42,831/- in execution of the decree.
According to the petitioner, he had remitted ₹ 19,125/-
before the Execution Court as per Ext.P2. Hence, he filed E.A.No.132 of 2010 on 22/09/2010 seeking permission to pay the balance decree amount in monthly instalments of ₹ 2,000/-. But, the court below dismissed the said petition by order dated 30/09/2010 on the sole ground that the petitioner has not paid any amount after filing execution petition. The legality and propriety of the said order is O.P.(C).No.349 of 2010 2 under challenge in this original petition.
2. The learned counsel for the petitioner contends that the impugned order is perse unsustainable in view of Ext.P2. Further, the learned counsel for the petitioner sought for permission to pay the balance decree amount in instalments.
3. Per contra, the learned counsel for the respondent advanced arguments to justify the impugned order. The learned counsel submits that E.P was filed in the year 2007 and the matter is being stayed here from 2010 onwards.
4. Going by the impugned order, it could be seen that the reasons stated by the court below are not correct as Ext.P2 clearly proves that after filing the E.P., the petitioner had remitted ₹ 19,125/- before the Execution Court. The learned counsel for the petitioner submits that he is ready to pay the decree amount by three instalments within a period of six months. Per contra, the learned counsel for the respondent submits that a reasonable time alone can be O.P.(C).No.349 of 2010 3 given to pay the balance decree amount.
5. Having regard to the facts and circumstances of the case, the petitioner is given four months time to pay the balance decree amount, provided that, half of the balance amount shall be paid within two months and the remaining balance to the satisfaction of the decree shall be paid within the next two months, failing which, the court below will be at liberty to proceed in accordance with law. In the event of default in paying the 1st instalment, this facility will stand cancelled and entire balance decree amount can be realised in lump sum, in accordance with law. The warrant will be kept in abeyance, for four months only.
The original petition is disposed of.
Stu //True copy// P.A to Judge K.HARILAL, JUDGE.