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High Court of KeralaOP(C)/409/2015disposed of

Mr.Mohammed E.A. v. Kerala Grameen Bank

2015-02-13Honourable Mr.Justice P.Bhavadasan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 OP(C).No. 409 of 2015 (O) -------------------------- (EXECUTION PETITION NO.135/2014 IN O.S.NO.299/2013 BEFORE THE HONOURABLE MUNISFF COURT, KASARAGOD) PETITIONER:

----------- MR.MOHAMMED E.A., S/O. ABDULLA, R/AT "SAHADIYA MANZIL", HOUSE, ERUTHUMKADAVU, MUTTATHODY VILLAGE AND POST KASARAGOD, KERALA, PIN-671541.

BY ADV. SRI.T.B.SHAJIMON RESPONDENTS:

----------- KERALA GRAMEEN BANK, HEAD OFFICE MALAPPURAM THROUGH ITS MANAGER, VIDYANAGAR BRANCH PREVIOUSLY KNOWN AS NORTH MALABAR GRAMIN BANK VIDYANAGAR BRANCH, THROUGH ITS MANAGER.

R. BY ADV. SRI.T.R.RAVI, SC, S.MALABAR G. BANK THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 409 of 2015 (O) APPENDIX PETITIONER(S)'S EXHIBITS:

---------------------- EXHIBIT P1: THE PHOTOSTAT COPY OF THE EXECUTION PETITION NO.135/2014. RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

P.BHAVADASAN, J.

--------------------------- O.P.C. No.409 of 2015 --------------------------- Dated this the 13th day of February, 2015.

JUDGMENT

When the matter was taken up for hearing today, the learned counsel appearing for the Bank pointed out that the balance amount as per the decree debt due as on 31.1.2015 is Rs.53,289/-.

2.

The learned counsel appearing for the petitioner then prayed that the judgment debtor may be allowed to pay the decree debt due in six equal monthly instalments. Prayer seems to be reasonable.

In the result, the petitioner is permitted to pay the entire balance decree debt in six equal monthly instalments, the first of which shall be paid on or before 15.3.2015 and subsequent instalments on or before 15th of every succeeding month. Till then, the warrant shall be kept in abeyance. If any one of the instalments is defaulted, the warrant can be executed. P.BHAVADASAN JUDGE Scl.