AYYAPPAN VELAYUDHAN Vs. DAMODHARAN KUPPANDI

JUDGEMENT

(1.) PETITIONER is a judgment debtor. Respondent is decree holder. This petition is filed under Article 227 of Constitution of India challenging the order passed in Ext.P3 application rejecting the claim of the petitioner to pay the decree debt in monthly instalments of Rs.1000/-. As per Ext.P3, petitioner offered to pay decree debt in monthly instalments of Rs.1000/-. Learned Munsiff on the objection raised by respondent disallowed the application holding that it would take more than three years to discharge the decree debt and in such circumstance, it cannot be allowed. The balance decree debt is only Rs.16,000/- with interest. In such circumstance, petitioner is permitted to pay decree debt in eight equal monthly instalments. It is made clear that if petitioner commits default in payment of two instalments, the executing court is to proceed with arrest and detention. Writ Petition is disposed as above.