IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 36128 of 2008(S) -------------------------- CMP 642/2008 IN MC.203/2005 of FAMILY COURT, KOTTAYAM .................... PETITIONER: --------------- AJITHKUMAR, 37 YEARS, S/O.VIKRAMAN UNNITHAN, AMBILY SADANAM HOUSE, MANTHURUTHY PO., 12TH MILE BHAGOM, NEDUMKUNNAM VILLAGE, KOTTAYAM , WORKING AS FIREMAN FIRE AND RESCUE STATION, CHANGANACHERRY. BY ADV. SRI.BIJU M.JOHN RESPONDENT: --------------- SALINI.S.NAIR, 25 YEARS, D/O.SASIDHARAN NAIR KONNIYADU HOUSE, NEAR KOICKAL DEVI TEMPLE, PULINKUNNU VILLAGE, PULINKUNNU KARA ALAPPUZHA, WORKING AS STAFF NURSE, UDAYAGIRI HOSPITAL, CHANGANACHERRY. ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.T.V.VINU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 36128 OF 2008 ============================ DATED THIS THE 11TH DAY OF JUNE 2009 JUDGMENT Basant,J. The learned counsel for the petitioner submits and does hand over a demand draft for Rs.3,000/- in the name of the respondent, which according to the petitioner is the only balance amount remaining to be paid as per the claim made in the execution petition, Ext.P1. 2. The prayer in this writ petition is that issue of warrant on the basis of Ext.P1 petition may be stayed. Inasmuch as the learned counsel for the petitioner claims that the entire amount due under Ext.P1 has already been paid, there can be no question of any further action being taken on the basis of Ext.P1. The learned counsel for the respondent also accepts that with the payment of Rs.3,000/-today, the entire amount due in Ext.P1 execution application has already been paid. WPC.36128/08 -2- 3. In the light of the submissions made by the learned counsel, we are satisfied that this writ petition need not be further proceeded with or any direction issued. 4. This writ petition is accordingly dismissed as agreed making note of the observation of the counsel that the amounts claimed in Ext.P1 petition has been paid entirely. 5. Needless to say, the dismissal of this writ petition will not in any way fetter the rights of the respondent to claim the balance amount, if any due after 30-9-2008. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC.36128/08 -3-