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Naveen.C vs Kannur

High Court Of Kerala|17 December, 2014
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JUDGMENT / ORDER

In this petition, the only prayer made is that the petitioner may be granted instalment facility to pay off the decree debt. As per Ext.P1 execution petition, the amount due as on the date of filing of the petition is Rs.78,385/-. 2. The petitioner points out that he has made several payments subsequently and in the light of the fact that he met with an accident, he could not continue to make the payment. Thus, the payment was disrupted and that caused the court below to issue arrest warrant against him. The petitioner submits that if he is given instalment facility, he will be able to pay off the debt.
3. After having heard the learned counsel on both sides, considering the plight of the petitioner and also the fact that he has undertaken to pay off the decree debt in instalments, it is felt that the relief can be granted to the petitioner.
O.P.(C) No.3030/2014 2 Therefore, this original petition is disposed of directing the petitioner to pay the balance decree debt in 12 equal monthly instalments, first of which shall be paid on or before 15.01.2015 and the subsequent instalments on or before 15th of every month. If any one of the instalments is defaulted, execution can be proceeded with. Arrest warrant issued against the petitioner will be kept in abeyance till that period.
Sd/-
P.BHAVADASAN JUDGE smp
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Title

Naveen.C vs Kannur

Court

High Court Of Kerala

JudgmentDate
17 December, 2014
Judges
  • P Bhavadasan
Advocates
  • G Sreekumar
  • Sri
  • K Ashis