IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 34962 of 2009(M) ------------------------------------ PETITIONER(S): ---------------------- PAVARATTY GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY-IN-CHARGE, PAVARATTY P.O., THRISSUR. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE BY ADVS.SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): ------------------------- 1. JOHN, S/O.ARAKKAL ANTHONY, RESIDING AT P.O.PORATHUR, THRISSUR DISTRICT. 2. SMT.A.A.ANNIE, C/O.KUNDUKULANGARA VAILYA OUSEPH ITTOOP, RESIDING AT P.O.PARAPPUR, THRISSUR DISTRICT. 3. A.A.LEELAMMA, D/O.P.V.SUNNY, RESIDING AT REETHA HOUSE, P.O.THAIKKATTUKARA, MUTTOM, ALWAYE. 4. A.A.JULIYA, C/O.M.K.JOSE, RESIDING AT EDAPARAMBA ESTATE, P.O.KARIMBA, PALAKKAD. R1 TO R4 BY ADV. SRI.PEEYUS A.KOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34962/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMON DECREE IN LAA. NOS. 153/1983 AND 156/1983 ON THE FILE OF THIS HONOURABLE COURT DTD. 23.1.1992. P2:- COPY OF THE EA. NO.1852/2009 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF THRISSUR DTD. 30.1.2009. P3:- COPY OF THE EA. NO.1851/2009 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OF THRISSUR DTD. 30.11.2000. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34962 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2010. JUDGMENT The challenge is against the proceedings in E.P.No.836/2003 in L.A.R. No.120/1980 on the file of the Sub Court, Thrissur. On 25.11.2009 the execution court passed an order directing the respondents to deposit an amount of Rs.3,56,728.86 within ten days. 2. Various grounds have been taken in the writ petition including a prayer to adjust a sum of Rs.50,192.77, which according to the petitioner, was deposited in the District Treasury, Thrissur. 3. While admitting the writ petition, this Court passed the following order: “Notice. There will be an interim order that amount if any, lying in deposit with the treasury towards satisfaction of the decree amount, will be given due credit and further proceedings against the petitioner will stand stayed, if it deposits amounts at the rate of Rs.50,000/- per month payable on or before the 15th of every month, commencing from January, 2010.” 3. Learned Senior Counsel appearing for the petitioner submitted that the petitioner was depositing the amounts in terms of the interim wpc 34962/2009 2 order and already three instalments have been deposited. Learned counsel for the respondents submitted that the petitioner has not complied with the direction to deposit the amount every month. 4. Whatever that be, this is a matter which will have to be adjudicated by the execution court. It is only proper that the petitioner is directed to deposit the amount in terms of the interim order passed by this Court. The petitioner will deposit the monthly instalments from time to time. Arrears, if any, will be deposited along with the instalments for the months of July and August, 2010. The execution court is directed to hear the parties and dispose of the execution petition expeditiously. If the petitioner commits any further default, the execution court can proceed with the further steps for execution in accordance with law. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/