IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).NO. 27504 OF 2010(O) -------------------------- OS.321/2006 OF PRL.SUB COURT,THRISSUR OS.85/2002 OF MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): --------------- 1. DHANYA KURIES, REPRESENTED BY ITS MANAGING DIRECTOR, P.V.THOMAS, PAVARATTY AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. SIMON CHACKO, MANAGING PARTNER DHANYA KURIES, PAVARATTY AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV RESPONDENT(S): --------------- 1. SMT.THRESSIAMMA, W/O.JOSEPH, PULIKKOTTIL HOUSE, PAVARATTI VILLAGE, VENMENAD AMSOM, PERINGAD DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680 506. 2. KIRAN JOSEPH, S/O.JOSEPH, DO. DO. 3. SEETHAL, D/O.JOSEPH, DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.27504 of 2010 ==================================== Dated this the 09th day of September, 2010 J U D G M E N T Writ Petitioner is plaintiff-decree holder in O.S. No.86 of 2002 of the court of learned Munsiff, Chavakkad. Certain amount in deposit in O.S. No.321 of 2006 of the court of leaned Sub Judge, Thrissur was attached on the request of petitioner to satisfy the amount due to him from the respondents. Pursuant to that order of attachment learned Munsiff requested learned Sub Judge, Thrissur to transmit the amount attached to the court of learned Munsiff. But there was no response Hence petitioner has preferred this Writ Petition seeking a direction to the learned Sub Judge, Thrissur to transmit the amount lying in deposit in O.S. No.321 of 2006 of his court to the court learned Munsiff, Chavakkad. 2. I called for report from the court of learned Sub Judge, Thrissur through the Registrar (Judicial). A report has been submitted by the learned Sub Judge stating that the amount in deposit in O.S. No.321 of 2006 of that court is only Rs.9,52,304/- while execution petition in O.S.No.321 of 2006 is filed to realise W.P(C) No.27504 of 2010 -: 2 :- Rs.11,30,250/-. It is reported that there is no surplus amount lying in deposit in O.S. No.321 of 2006 of the court of learned Sub Judge, Thrissur to be transmitted to the court of learned Munsiff, Chavakkad. 3. In the light of the above, direction sought for by petitioner cannot be allowed. Petitioner has to seek other remedies if any available to him under the Code of Civil Procedure in respect of the amount in deposit in O.S. No.321 of 2006 of the court of learned Sub Judge, Thrissur. With the above observation this Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv