KRISHNA PRABHU Vs. ASSYRIAN CHARITIES KURI LTD

JUDGEMENT

(1.) Judgment debtor Nos.2 and 3 in E.P.No.561 of 2009 in O.S. No.2132 of 2006 of the court of learned Munsiff, Kodungallur are the petitioners before me challenging Ext.P5, order issuing warrant of arrest against them. It would appear that judgment debtor No.3 remained absent in the executing court. Respondent-decree holder filed affidavit in proof of means of petitioners but there was no cross-examination. Hence executing court found that means of petitioners proved and passed the following order:

(2.) Learned counsel states that warrant of arrest is issued against judgment debtor No.2 as well. Learned counsel requested for installment facility to pay the decree amount since the executing court disallowed that prayer (obviously after hearing counsel for respondent). Request for installment facility cannot be allowed as executing court rejected the prayer on the face of objection raised by respondent. Having regard to the difficulties of petitioners stated by learned counsel I am inclined to grant three months' time from this day to pay the amount due under the decree.

(3.) Resultantly, this Original Petition is dismissed. But petitioners are granted three months' time from this day to pay the amount due under the decree subject to the following conditions: