C P HARI Vs. CATHOLIC SYRIAN BANK LTD

JUDGEMENT

(1.) Petitioners are judgment debtors 1 and 2 in O.S.577/01 on the file of Munsiff court, North Paravur. Respondent is the decree holder. For realisation of the decree debt respondent filed E.P.326/2005 seeking arrest and detention of petitioners. As per order dated 14/7/2006 executing court directed arrest of petitioners which is challenged in this petition filed under Section 115 of Code of Civil Procedure.

(2.) Learned counsel appearing for petitioners and respondent were heard.

(3.) Learned counsel appearing for petitioners submitted that they may be permitted to pay the entire decree debt in ten equal monthly instalments. Learned counsel appearing for decree holder was also heard. Considering the fact that respondent is a bank, in the interest of justice, petitioners are permitted to pay the balance decree debt in ten equal monthly instalments.