IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).NO. 22155 OF 2010(O) ---------------------------------------- OS.3/1998 OF SUB COURT,KOTTARAKKARA .................... PETITIONER(S): ------------------------ 1. INDIRA.K, W/O.LATE GANGADHARAN VIDYADHARAN,NIKITHALAYAM, ERUMBA MURI ARUVIKKARA VILLAGE, NEDUMANGAD TALUK. 2. NIKITHA, D/O. LATE GANGADHARAN VIDYADHARAN,NIKITHALAYAM, ERUMBA MURI ARUVIKKARA VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.P.HARIDAS RESPONDENT(S): ------------------------ PUNALUR MUNICIPALITY , REPRESENTED BY ITS SECRETARY.PUNALUR. ADV. SRI. B. KRISHNA MANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22155 of 2010 ==================================== Dated this the 22nd day of July, 2010 J U D G M E N T Heard learned counsel for petitioners and Standing counsel for respondent. 2. Petitioners are legal heirs of deceased Vidyadharan who instituted O.S. No.3 of 1988 against respondent. Respondent raised a counter claim against Vidyadharan and got a decree. That judgment and decree were challenged in this Court in A.S. No.235 of 1993. That appeal was dismissed but I am told respondent has not so far initiated execution proceeding. While decree on the counter claim was stayed by this Court there was a condition that Vidyadharan shall furnish security for the amount due. Accordingly Vidyadharan executed bond for Rs.55,227/- and placed 1.125 cents of land as security. Now petitioners on account of family necessities want that security to be released. They are prepared to furnish cash security by way of Fixed Deposit as may be directed by this Court. Learned Standing Counsel for respondent states that interest on the amount awarded is due until W.P(C) No.22155 of 2010 -: 2 :- now. 3. Having regard to the facts and circumstances stated I am inclined to allow the request of petitioners. Considering the amount and interest due under the decree on the counter claim and future interest payable I direct that petitioners shall produce Fixed Deposit Receipt for Rs.75,000/-. Resultantly, Writ Petition is allowed in the following lines: (i) Security of landed property created by predecessor-in-interest of petitioners shall stand released on petitioners depositing Rs.75,000/- (Rupees Seventy five thousand only) in the name of Sub Judge, Kottarakkara in a Nationalised Bank of their choice initially for a period of two years and the Fixed Deposit Receipt is produced in the court of learned Sub Judge. (ii) In case execution is not launched within the said period of two years it will be open to the learned Sub Judge to renew the Fixed Deposit for appropriate period. (iii) On respondent executing the decree, W.P(C) No.22155 of 2010 -: 3 :- respondent is entitled to realise the amount due under the decree from the amount in deposit. THOMAS P. JOSEPH, JUDGE. vsv W.P(C) No.22155 of 2010 -: 4 :-