Muhammed Shereff vs Muhammed Rafi
2021 Latest Caselaw 17368 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
      WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                         OP(C) NO. 1093 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OS 59/2018 OF MUNSIFF COURT, TIRUR,
                               MALAPPURAM
PETITIONER/S:

           MUHAMMED SHEREFF
           AGED 50 YEARS
           S/O.CHERUVARA JAMALKUTTY,RESIDING BEHIND MANGAD UNITY
           AUDITORIUM,NIRAMARATHUR.P.O,
           TIRUR-676109.

           BY ADVS.
           JOHNSON JOSE PANJIKKARAN
           P.H.RIMJU
           MOHAMMED BASHEER



RESPONDENT/S:

           MUHAMMED RAFI
           S/O.KUNJALAN MASTER ,VADAKKINIYAKATHU VEEDU,
           IRINGAVOOR.P.O, VANIYANUR,TIRUR-676101.

           BY ADV JAMSHEED HAFIZ




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1093 OF 2021
                               2



                          JUDGMENT

The petitioner is the judgment debtor in E.P.No.255 of

2019 in O.S.No.59 of 2018 on the files of the Munsiff Court,

Tirur. The suit filed by the respondent for realisation of

money was decreed and execution proceedings initiated. In

the execution proceedings, the petitioner paid some amounts

and sought time for payment of the balance. The execution

court directed to pay half of the decree amount. The

petitioner having failed to comply with the direction, arrest

warrant was issued against him. Aggrieved, this original

petition is filed.

2. The learned Counsel for the petitioner submitted

that, but for his financial constraints due to the prevailing

pandemic situation and resultant lockdown, the petitioner

would have remitted the amount as directed. It is submitted

that the petitioner is ready and willing to pay off the entire OP(C) NO. 1093 OF 2021

decree debt with interest till date in twelve equal monthly

installments.

3. The learned Counsel for the respondent submitted

that only meagre amounts have been paid by the petitioner

so far and the decree holder will be put to extreme

difficulties unless lump sum payment is made.

4. Having considered the rival submissions and taking

into consideration the prevailing situation, I am inclined to

dispose the original petition, permitting the petitioner to

remit the balance amount due with interest in ten equal

monthly installments. The first of such installments shall be

paid on or before 15.09.2021 and the balance nine

installments on or before the 15 th of every month. For

effectuating the payment as ordered, the warrant shall be

kept in abeyance, so long as the petitioner makes the

payment without default. Failure to remit any one

installment will result in the benefit granted by this OP(C) NO. 1093 OF 2021

judgment being withdrawn and the respondent being at

liberty to continue the execution proceedings, including the

execution of the warrant of arrest issued against the

petitioner.

Sd/-

V.G.ARUN JUDGE

RK OP(C) NO. 1093 OF 2021

APPENDIX OF OP(C) 1093/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF E.P.255/2019 IN O.S.NO.59/2018 ON THE FILE OF MUNSIFF COURT,TIRUR.

Exhibit P2 TRUE COPY OF THE COURT PROCEEDINGS IN E.P.No.255/2019 IN O.S.59/2018 ON THE FILE OF MUNSIFF COURT, TIRUR

RESPONDENT'S EXHIBITS: NIL