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Judgment
11 paragraphs · 341 wordsC.S Dias, J
The original petition is filed to permit the petitioner to pay the decree-debt in E.P No.959/2020 in OS No.1333/2001 of the Court of the Munsiff, Kodungallur in equated monthly installments.
When the original petition came up for admission, this Court issued notice before admission by speed post to the respondent and directed all further proceedings in the execution petition to be kept in abeyance, on condition that the petitioner deposits an amount of Rs.30,000/- before the court below within four weeks.
Sri.K.S Rajesh, the learned counsel appearing for the petitioner submits that the petitioner has complied with the above condition imposed by this Court,
and is prepared to pay off balance decree-debt in installments as fixed by this Court.
Sri.Sreekumar Chelur, the learned counsel appearing for the respondent, on instructions, submits that the respondent has no serious objection in the proposal, but the balance decree-debt may be directed to be paid in six equated monthly installments.
In the light of the pleadings and materials on record, and the rival submissions made across the bar, I am of the definite view that a quietus can be given to the litigation by permitting the petitioner to pay off the balance decree-debt in E.P No.959/2020 in ten equated monthly installments.
In the result, 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 Court of the Munsiff, Kodungallur is directed to keep in abeyance all further proceedings in E.P No.959/2020.
(ii) The petitioner is permitted to pay the balance decree-debt in E.P No.959/2020 in ten equated monthly installments, after giving credit to the amount already deposited pursuant to the interim order of this Court, commencing from 2.1.2023.
(iii) If the petitioner commits default in payment of one of the installments, the court below shall revive E.P No.959/2020 and proceed with the same, in accordance with law, and bring it to its logical conclusion, as expeditiously as possible.