KRISHNARAJ Vs. SOVEREIGN CHITS P LTD

JUDGEMENT

(1.) PETITIONERS are judgment debtors in E.P.No.93 of 2010 in O.S.No.694 of 2007 of the court of learned Munsiff, Palakkad, PETITIONERS have suffered a decree for payment of money and as per the execution petition around Rs.65,000/- was due. Petitioner said that Rs.10,000/- was already paid. Court below has on a finding that petitioners have sufficient means, ordered warrant of arrest against them. According to the petitioners the order is not correct since there is no evidence that they have means but, it has come in evidence that petitioners had landed properties and even as per their version they have disposed of the same. Executing court has referred to the evidence on record and found that petitioners have sufficient means. Having heard counsel on both sides and gone through the order under challenge I do not find reason to interfere with the order.

(2.) LEARNED counsel for petitioners requested that petitioners may be granted ten months' time to pay the amount due under the decree. I have heard counsel for respondent also in that regard. Respondent is not agreeable of granting ten months' time. Having regard to the difficulties stated by petitioners they are granted time till 01-12-2010 to discharge the liability under the decree. Resultantly this petition is dismissed but, petitioners are granted eight months' time from 01-12-2010 to discharge the liability under the decree and the warrant of arrest issued to the petitioners will stand in abeyance during the said period subject to the following conditions: