IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 5^TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945 OP(C) NO. 2720 OF 2023 AGAINST THE ORDER/JUDGMENT EP 101/2017 OF MUNSIFF COURT, KARUNAGAPPALLY PETITIONE R S / JUDGMENT DEBTORS/COUNTER PETITIONER S :

1 HARIS AGED 40 YEARS S/O. TANGALKUNJU, NADIYILA VEEDU, POROORKARA MURI, EDAPPALLYCOTTA P.O, PANMANA VILLAGE, KARUNAGAPPALLY,KOLLAM, PIN - 691583

2 BINU AGED 35 YEARS S/O. BABY, KOCHUPADANNAYIL VEEDU, CHERUSSERIBHAGOM MURI, CHAVARA VILLAGE , KOLLAM, PIN - 691583

3 RAJEEVAN AGED 46 YEARS S/O. ILAYAKUNJU, PONAMOOTIL VEEDU, CHITTOOR MURI, PANMANA , P.O, PANMANA VILLAGE, KOLLAM, PIN - 691583 BY ADV SREERAJ M.D.

RESPONDENT/DECREE HOLDER/PETITIONER:

SREEKRISHNA VILASOM CHITTY FUND CHAVAR PVT LTD, CHAVARA, REPRESENTED BY ITS MANAGING DIRECTOR RAVIMOHAN, RESDING AT MOHAN NIVAS, MENAMPALLY MURI, CHAVARA VILLAGE, PIN - 691583 BY ADVS.

ABDUL JAWAD.K A.GRANCY JOSE(K/1204-M/2010)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

05.01.2024, ALONG WITH OP(C).2750/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 5^TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945 OP(C) NO. 2750 OF 2023 AGAINST THE ORDER/JUDGMENT EP 55/2018 OF MUNSIFF COURT, KARUNAGAPPALLY PETITIONE R S / JUDGMENT DEBTORS/COUNTER PETITIONER S :

1 NIYAS AGED 40 YEARS S/O. TANGALKUNJU, NADEELA VEEDU, POROORKARA MURI, EDAPPALLYCOTTA P.O, PANMANA VILLAGE, KARUNAGAPPALY, KOLLAM, PIN - 691583

2 SHAJI AGED 41 YEARS S/O. MARALEEDHARAN, SHIBU BHAVAN, KANNANKULANGARA MURI, PANMANA VILLAGE, PIN - 691583

3 BINU AGED 36 YEARS S/O. BABY, KOCHUPADANNAYIL VEEDU, THOTTIN VADAKK MURI, CHAVARA VILLAGE, KOLLAM, PIN - 691583

4 HARISEKHAR AGED 32 YEARS S/O. CHANDRASEKHARAN, PRASANTHI, NEENDAKARA MURI, NEENDAKARA VILLAGE, NEENDAKARA P.O, KOLLAM, PIN - 691582 BY ADV SREERAJ M.D.

RESPONDENT / DECREE HOLDER/PETITIONE R :

SREEKRISHNA VILASOM CHITTY FUNDS CHAVARA PRIVATE LIMITED, CHAVARA P.O, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR , RAVIMOHAN, MOHAN NIVAS, MENAMPALLY MURI, CHAVARA, PIN - 691583 BY ADVS.

ABDUL JAWAD.K A.GRANCY JOSE(K/1204-M/2010)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

05.01.2024, ALONG WITH OP(C).2720/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

[OP(C) Nos.2 7 2 0/2023, 2 7 5 0/2023 ]

The judgment debtors in E.P. No.101/2017 and E.P. No.55/2018, both pending before the Munsiff Court, Karunagappally, are the petitioners herein. In the Original Petition first above referred, Ext.P3 order of warrant is under challenge; and in the Original Petition second above referred, a similar order, produced at Ext.P4, is under challenge.

2. When the matter was taken up for consideration today, learned counsel for the petitioners submitted that all what the petitioners seek is to afford installment facility, to wipe off the decree debt. Learned counsel for the respondents is not averse to that idea.

3. In such circumstances, these Original Petitions are disposed of, subject to the following conditions:

1. The respondents will file a balance statement in both the E.Ps, indicating the amount outstanding, as on the date of receipt.

2. The petitioners will pay one-fourth of such balance amounts outstanding in both the E.Ps as per the statement within a period of two months from today.

3.The rest of the amount as per the balance statement will be paid by the petitioners in 15 equal monthly installments.

4. The warrants issued vide Exts.P3 and P4, as also, the E.Ps will stand stayed, in the mean time. If the initial payment to the extent of one-fourth of the total amount, or the payment of any installment is defaulted, the E.P. will revive and the same will proceed, in accordance with law.

The Original Petitions are disposed of, as above.

Sd/-

C. JAYACHANDRAN JUDGE BR APPENDIX OF OP(C) 2720/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE EP NO. 101/2017 FILED BEFORE THE MUNSIFFS COURT, KARUNAGAPPALLY DATE