High Court of KeralaOP(C)/173/2015disposed of

Subhash George v. State Bank Of Mysore

2015-01-21Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 OP(C).No. 173 of 2015 (O) ------------------------------------- E.P.NO.198/2014 IN O.S.NO.787/2012 OF PRINCIPAL SUBORDINATE COURT, THIRUVANANTHAPURAM ---------------- PETITIONER(S) :

------------------------- SUBHASH GEORGE, AGED 52 YEARS, S/O.GEORGE, E-8, KANAKA NAGAR, T.C.11/181, KOWDIAR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S):

---------------------------- STATE BANK OF MYSORE, REPRESENTED BY ITS BRANCH MANAGER, THIRUVANANTHAPURAM BRANCH, POWER HOUSE ROAD, THIRUVANANTHAPURAM - 695 023.

BY ADV. SRI.LAL GEORGE, S.C THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.

OP(C).No. 173 of 2015 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE PLAINT IN O.S.NO. 787/2012 FILED BEFORE THE PRINCIPAL SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM.

EXT.P2:

TRUE COPY OF THE EXECUTION PETITION IN E.P.NO. 198/2014 IN O.S.NO.787/2012.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.

Msd.

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 173 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2015.

JUDGMENT

The only prayer made by the petitioner when this Original Petition is taken up for admission is that the judgment debtor, who is before this Court, may be allowed to pay the decree debt in instalments.

2. Learned counsel for the respondent - decree holder points out that as on today the decree amount would come to Rs.7,15,000/- and the petitioner may be directed to pay substantial amount now and then the question regarding payment of the amount in instalments may be considered.

3. After hearing both sides, it is felt that some leniency can be shown to the petitioner. The petitioner shall deposit a sum of Rs.50,000/- within two months from today and the balance decree debt shall be paid in equal monthly

O.P.(C).173/2015.

instalments of Rs.25,000/- payable on or before 10th of every month starting from April, 2015. If any one instalment is defaulted, execution shall be proceeded with. This Original Petition is disposed of as above. P. BHAVADASAN, sb.

JUDGE