IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 20703 of 2010(O) -------------------------- AGAINST THE ORDER IN EP.374/2006 IN OS.460/2002 of MUNSIFF COURT, CHERTHALA .................... PETITIONER(S): --------------- P.RATHEESH, S/O.M.S.PURUSHAN, JANEESH BHAVAN, WARD NO.VI.,PATTANAKKAD PANCHAYATH CHERTHALA. BY ADV. SRI.C.M.MOHAMMED IQUABAL SRI.S.SHAJI RESPONDENT(S): --------------- P.G.PREMNATH, S/O.GOVINDA SHENOY, DEVASWAMCHIRAYIL,PATTANAKKAD MURI, PATTANAKKAD VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.20703 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010. JUDGMENT Petitioner is the judgment debtor in E.P.No.374 of 2006 in O.S.No.460 of 2002 of the court of learned Munsiff, Cherthala. His grievance is that warrant of arrest has been issued to him without hearing him and without notice to him. He states that liability under the decree arose on a dishonoured cheque concerning which there was a criminal case which ended in his conviction and sentence and that as directed in Crl.R.P.No.710 of 2006 he has deposited Rs.65,000/- in the criminal court for payment to the respondent. It is without reckoning that payment that respondent has sought execution of decree against him. Petitioner has filed Ext.P7, application before executing court for recalling the warrant issued against him. Petitioner requests that executing court may be directed to consider Ext.P7, application and in the meantime to keep the warrant of arrest issued against him in abeyance. 2. It is seen from Ext.P7 that petitioner has raised a contention that he has deposited certain amount in criminal court pursuant to order of this Court in Crl.R.P.No.710 of 2006. Having regard to the nature of contentions raised in Ext.P7 it is only appropriate that executing court considers that application and passes appropriate orders. WP(C) No.20703/2010 2 Resultantly this Writ Petition is disposed of in the following lines: i. Executing court is directed to dispose of Ext.P7, application as provided under law. ii. In the meantime, warrant of arrest issued against petitioner will stand in abeyance for a period of one month from this day on condition that petitioner deposited in the executing court for payment to respondent Rs.15,000/- (Rupees fifteen thousand only) within two weeks from this day. THOMAS P.JOSEPH, Judge. cks