ABDUL KHADER Vs. SAMEER

JUDGEMENT

(1.) Petitioner is the judgment debtor in E.P. No. 39 of 2010 in O.S. No. 280 of 2007 of the court of learned Munsiff, Mavelikkara. Respondent sought realisation of the amount due under the decree by personal execution against petitioner. Respondent proved means of petitioner. Executing court found that inspite of having means petitioner has neglected/refused to pay amount due under the decree and that was followed by an order for issue of warrant of arrest against petitioner and detention of petitioner for a period of three months. Learned counsel states that petitioner on account of financial difficulties is unable to pay the amount in lump and requests for installment facility. It is stated that though in the counter, petitioner had expressed his inability to pay the amount in lump executing court has not considered the request for payment of the amount in installments.

(2.) Question whether petitioner can be permitted to pay the amount in installments is a matter which the executing court has to decide after hearing the respondent. I do not propose to take a decision in that matter in this proceeding. However I am inclined to give petitioner two months' time to pay amount due under the decree and in the meantime request the executing court to allow payment of the amount in installments.