Anandan K vs P.K.Byju
2022 Latest Caselaw 474 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                   OP(C) NO. 75 OF 2022
 AGAINST THE ORDER DATED 05.01.2022 IN EP 37/2020 OF SUB
                        COURT,ERNAKULAM
PETITIONER/DEFENDANT:

         ANANDAN K.
         AGED 72 YEARS,
         S/O.T.K.NAMBIAR,
         KOKKUNNATH HOUSE,
         PLOT NO.2111, SATELLITE TOWNSHIP,
         KAKKANAD, ERNAKULAM, PIN - 682 030.
         BY ADVS.
         K.B.PRADEEP
         HARISANKAR R


RESPONDENT/PLAINTIFF:

         P.K.BYJU
         AGED 53, S/O.P.K.KUMARAN, RSIDING AT UNRA, PLOT
         NO.68, BUILDING NO.57/274, PSRA LANE,
         PUTTANANGERI COLONY ROAD, PONNETH, ERNAKULAM-682
         020.

THIS OP (CIVIL) HAVING        COME UP     FOR   ADMISSION ON
13.01.2022, THE COURT ON      THE SAME    DAY   DELIVERED THE
FOLLOWING:
 O.P(C).No.75 of 2022                 2




                        A. BADHARUDEEN, J.
               ================================
                          O.P(C).No.75 of 2022
               ================================
                 Dated this the 13th day of January, 2022


                           JUDGMENT

Judgment debtor, who was directed to be arrested and kept

in Civil Prison, as he failed to pay decree debt coming to the tune

of Rs.2,50,524/-, has filed this Original Petition under Article 227

of the Constitution of India. According to the petitioner, the

petitioner is struggling to pay the decree debt though he paid

Rs.40,000/- by instalments @ Rs.10,000/- each. Going by the

order, it appears that reluctance to pay decree debt as directed by

the executing court is the reason for passing such a coercive

order.

2. When the matter is heard, the learned counsel for the

petitioner expressed willingness to pay Rs.1,25,000/- out of the

decree debt within 3 weeks and the remaining amount by 3

installments.

3. In view of the submission, I am inclined to order that

the warrant of arrest issued against the petitioner shall not be

executed, if the petitioner pays or deposits Rs.1,25,000/- (Rupees

One lakh twenty five thousand only) towards the decree debt,

within 3 weeks from today. It is ordered further that the

remaining decree debt, as found by the executing court, shall be

paid within 3 months by three installments on completion of

every month from the date of payment of the first installment of

Rs.1,25,000/-. It is specifically ordered that, if Rs.1,25,000/-

ordered to be paid or deposited within a period of 3 weeks from

today is not deposited, there shall be no stay in proceeding with

the execution by arrest and detention of the petitioner in civil

prison. It is also made clear that if at all the first installment is

paid, in case of default of the remaining installments or even on

failure to pay one installment is a reason to execute the warrant

deeming that there will be no stay in operation in view of this

order.

The Original Petition is disposed of as above.

Sd/-

(A. BADHARUDEEN, JUDGE) rtr/

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1: TRUE COPY OF THE E.P.NO.37/2020 DATED 22.01.2020.

EXT.P2: TRUE COPY OF THE OBJECTIONS DATED 23.11.2021.

EXT.P3: TRUE COPY OF THE ORDER DATED 05.01.2022 IN E.P.NO.37/2020.