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2026 Supreme(Online)(Ker) 6963

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
SANTHOSH K.S – Appellant
Versus
KURUPPAMPADY SERVICE CO-OPERATIVE NO.E - 257 BANK – Respondent
OP(C) NO. 2978 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.SANIL KUMAR, SMT.ROSHINI S.GOPI
For the Respondents: SRI.P.K.VIJAYAMOHANAN

The court upheld the agreement for installment payment due to the debtor's health condition while ensuring provisions for execution in case of default.

Headnote:In this case concerning execution proceedings, the debtor sought to settle dues in installments due to health circumstances. The respondent agreed to this payment plan. The court directed that the debtor pay the balance with interest in 14 monthly installments, allowing for execution if two consecutive payments were missed.

Table of Content
1. debtor seeks installment plan for settlement. (Para 1)
2. court directs payment in installments with conditions. (Para 2)

JUDGMENT

Amounts are due from the petitioner to the respondent, and the respondent has initiated execution proceedings. The petitioner has approached this Court expressing willingness to settle the dues in instalments and seeks permission to pay off the decree amount in 15 equal monthly instalments commencing from January 2026. It is stated that the petitioner is a cancer patient. The counsel for the respondent graciously agreed to the suggestion regarding payment in instalments. It is submitted that the interim direction to pay Rs.1,00,000/- (Rupees one lakh) has also been complied with.

2. In the above circumstances, this original petition is disposed of, directing the petitioner to pay the balance amount due with future interest in 14 equal monthly instalments, the first instalment becoming payable on or before 27.02.2026 and the subsequent instalments becoming payable on or before the 27th of the succeeding months. If the petitioner commits default in paying two consecutive instalments, the respondent is free to proceed with the execution. The execution proceedings shall be kept in abeyance to facilitate the payment in instalments.

SD/-

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