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Judgment
7 paragraphs · 252 wordsC.S.Dias, J
The original petition is filed, to set aside Ext.P4 order passed in E.A.No.78/2022 in E.P.No.54/2016 in O.S.No.4/2013 of the Court of the Subordinate Judge, Vatakara.
Today, when the original petition was taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner is prepared to pay off the entire decree debt in equated monthly installments as fixed by this Court.
Sri.M.Gopikrishnan Nambiar, the learned standing counsel appearing for the respondent submitted, as on today an amount of Rs.7,82,000/-(Rupees Seven Lakh Eighty Two Thousand only) and cost is due from the petitioner to the respondent. The respondent is willing to the proposal submitted by the learned counsel appearing for the petitioner.
In the light of the pleadings and the materials on record and considering the submissions made by the respective counsel appearing for the parties, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition in the following manner:
(i) The petitioner is directed to pay off the entire decree debt due to the respondent in E.P.No.54/2016 in O.S.No.4/2013 of the Court of the Subordinate Judge, Vatakara, in ten equated monthly installments commencing from 15.11.2022.
(ii) In case the petitioner commits default in payment of one of the installments, the Execution Court would be at liberty to proceed with E.P.No.54/2016 from the stage it has been stayed and bring the Execution Court to its logical conclusion, in accordance with law.