✦ Kerala High Court · 09 Dec 2008

K.U. PETER v. XAVIER

WP(C) No. 29619 of 2008K P BALACHANDRAN, P A K P BALACHANDRAN

Case at a glance

Outcome

Disposed of

This writ petition is disposed of with the abovedirections

Judgment

Operative part

APPENDIXPETITIONER'S EXTS:EXT.P1: TRUE COPY OF EXECUTION PETITION NO: 652/2004 DT. 20.11.2004FILED BY THE RESPONDENT HEREIN BEFORE THE MUNSIFF'S COURT,CHAVAKKADEXT.P2: -DO- OF COUNTER DT. 31.5.2005 IN E.P.NO: 652/2004 FILED BEFORETHE MUNSIFF'S COURT, CHAVAKKADEXT.P3: -DO- OF MEDICAL CERTIFICATE DT. 11.7.2008 ISSUED FROM GOVT.HOSPITAL, KUNNAMKULAM IN FAVOUR OF THE PETITIONER EXT.P4: -DO- OF AFFIDAVIT DT. 1.9.2005 FILED BY THE PETITIONER HEREININ E.P.NO: 652/2004 IN O.S.NO: 1016/1999 BEFORE THE MUNSIFF'S COURT,CHAVAKKADEXT.P5: -DO- OF ORDER DT. 21.8.2008 IN E.P.NO: 652/2004 IN O.S.NO:1016/1999 PASSED BY MUNSIFF'S COURT, CHAVAKKADjj/TRUE COPY/P.A. TO JUDGE K.P. BALACHANDRAN, J.-------------------------------W.P(C) No. 29619 OF 2008-A-------------------------------Dated this the 9th December, 2008.JUDGMENTAdv. Shri. K.Ramachandran, counsel for the respondent/decreeholder submits that Rs.5,000/- fixed as the first instalment hasbeen paid to him by the petitioner in compliance with order dated12.11.2008 and that he has no objection in the judgment debtorbeing allowed to discharge the balance debt by monthly paymentsat the rate of Rs.5,000/-. Counsel for the petitioner/judgmentdebtor also wants only that relief to be granted to the petitioner. Inthe result I allow the petitioner/judgment debtor to discharge thebalance debt by making payments at the rate of Rs.5,000/- permonth to the decree holder through court on the 5th of everycalendar month beginning with 5.1.2009 till the debt is discharged. In the event of the petitioner committing default in payment of anytwo consecutive monthly instalments he shall forfeit the benefit ofdischarge of debt in instalments and the decree holder shall beentitled to proceed to recover the entire balance debt in lump bypersonal execution as has been allowed by the court below as I have WPC 29619/20082not interfered with the order of the court below in this writ petitionexcept for the purpose of granting benefit of discharge of debt ininstalments. This writ petition is disposed of with the abovedirections.K.P.BALACHANDRAN JUDGEjj

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: This writ petition is disposed of with the abovedirections

Which court decided this case, and when?

Kerala High Court, on 09 Dec 2008. The bench was K P BALACHANDRAN, P A K P BALACHANDRAN.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. WP(C) No. 29619 of 2008). ← Search more judgments