K B RAJEEV Vs. RUPESH AND CO

JUDGEMENT

(1.) Petitioner is the judgment debtor in E.P. No.140 of 2003 in O.S. No.278 of 2000 of the court of learned Additional Munsiff, Kollam. Respondent has obtained a decree for money. As per execution petition amount due is more than Rs.90,000/- with interest and costs. Petitioner has a contention that a sum of Rs.32,000/- has already been paid to the respondent on 22.12.2009 and there was an understanding to settle the criminal case in respect of the cheques in question based on which decree has been obtained but respondent backed out. Executing court found that petitioner has sufficient means and ordered warrant of arrest against petitioner. That order is under challenge. It is contended that finding entered by the learned Munsiff is not correct.

(2.) So far as finding regarding means is concerned executing court found that petitioner is running a Cashew Factory and has sufficient means. That finding needs no interference. In the light of that finding there is little reason to interfere with the order issuing warrant of arrest.

(3.) Learned counsel requests that petitioner may be given five months' time to discharge the amount due under the decree. Learned counsel also states that petitioner is trying to settle the matter with the respondent. He sought for installment facility for discharging the decree debt.