IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 OP(C).No. 362 of 2010(O) ------------------------ EP 139/2004 IN OS.327/2003 of PRINCIPAL MUNSIFF , KOCHI .................... PETITIONER ------------------------------ K.N.RAJASEKHARAN, S/O.LATE K.NARAYANA MENON, C.C. 8/1250(B), GUJARATHI ROAD, KOCHI - 682002. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): --------------- 1. GEETHA RAMANUJAN, W/O.LATE RAMANUJAN, SANTO GOPALAN ROAD, ANURAG, KOCHI - 682005. 2. K.G.LEELA, W/O.LATE GOPICHANDRAN, CO-OWNER OF M/S.LEEGES CORPORATION, G.V.IYER ROAD, W/ISLAND, KOCHI - 682003. 3. ANITHA JAYAKUMAR, W/O.JAYAKUMAR, RESIDING AT DO. DO. DO. 4. SANJEETHA JAYASING, W/O.JAYASING, RESIDING AT DO. DO. DO. 5. MURALI MENON, S/O.K.NARAYANA MENON, GOPURATHINGAL HOUSE, NEAR NAYARAMBALAM - 682509. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.362 of 2010 -------------------------------------- Dated this the 26th day of October, 2010. JUDGMENT This Original Petition is filed by the brother of judgment debtor in E.P.No.139 of 2004 in O.S.No.327 of 2003 of the court of learned Principal Munsiff, Kochi challenging Exts.P6 and P8 to P10, orders. According to respondent No.1/decree holder, petitioner is liable to be proceeded against as if he is a judgment debtor on the strength of the bond he has executed while getting release of the judgment debtor who was arrested under Order XXI Rule 38 of the Code of Civil Procedure (for short, “the Code”). 2. Learned counsel for petitioner submits that as per order dated 14.10.2010 on E.A.No.168 of 2010 in E.P.No.139 of 2004 executing court has permitted petitioner to take up all objections available to a judgment debtor and in the light of that, petitioner is not pursuing this petition. Learned counsel requests that petitioner may be permitted to withdraw this petition without prejudice to his right to raise contentions as a judgment debtor in the executing court. 3. Submission is recorded. OP(C) No.362/2010 2 Accordingly this petition is dismissed as withdrawn with liberty to the petitioner to proceed in the way executing court has ordered in its order dated 14.10.2010 on E.A.No.168 of 2010. THOMAS P.JOSEPH, Judge. cks