IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 OP(C).No. 2616 of 2011(O) ------------------------- EP 616/2010 IN GOP.78/2001 of I ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONER: ---------------------- ANTONY XAVIER, VELIYATH HOUSE, JANATHA ROAD, NAZARETH, KOCHI-2. BY ADVS. SRI.S.VINOD BHAT, SRI.LEGITH T.KOTTAKKAL. RESPONDENT(S): ---------------------------- ENASSY, S/O. FRANCIS, ODATHAMPARAMBIL, ARAKKAL HOUSE, NO.IV/523, KARIPPALAM DESOM, MATTANCHERRY, KOCHI-682 002. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.2616/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AWARD DTD. 2/04/2004 PASSED BY THE LOK ADALATH. P2: COPY OF THE PROCEEDING OFLOK ADALATH HELD ON 26/10/2004. P3: COPY OF THE FIXED DEPOSIT RECEIPT NO.024903 FOR RS.50,000/- ISSUED BY STATE BANK OF TRAVANCORE, KOCHI - MATTANCHERRY BRANCH. P4: COPY OF EXECUTION PETITION NO.616/2010 IN GOP 78/2001 ON THE FILE OF DISTRICT COURT, ERNAKULAM DTD. 3/09/2010. P5: COPY OF THE RULE 22 NOTICE ISSUED BY DISTRICT COURT,ERNAKULAM IN EP 616/2010 IN GOP 78/2001. P6: COPY OF THE OBJECTIONS IN EP 616/2010 IN GOP 78/2001 OF DISTRICT COURT, ERNAKULAM DTD. 9/12/2010. P7: COPY OF THE ORDER DTD. 29/03/2011 IN EP.616/2010 IN GOP 78/2001 OF DISTRICT COURT, ERNAKULAM. P8: COPY OF THE PETITION EA 167/2011 IN EP 616/2010 IN GOP 78/2001 OF DISTRICT COURT, ERNAKULAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2616 of 2011 -------------------------------------- Dated this the 10th day of August, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.616 of 2010 in G.O.P.No.78 of 2001 of the court of learned I Additional District Judge, Ernakulam. Respondent is executing Ext.P1, award passed by the Lok Adalath on 02.04.2004. Notice under Rule 22 of Order 21 of the Code of Civil Procedure was served on petitioner to which he filed Ext.P6, objection claiming that the amount he is liable to deposit in the nationalised bank has already been deposited on 15.04.2004 and no further amount is due to the respondent. Executing court passed Ext.P7, order dated 29.03.2011 directing petitioner to pay `50,000/- on 31.03.2011. It is seen from Ext.P8 that petitioner on 30.03.2011 requested five months' time to deposit the sum of `50,000/-. Now the prayer in this petition is to quash Ext.P7, order. 2. Learned counsel for petitioner contends that no further amount is due from the petitioner since he has already deposited `50,000/- in the executing court. If the petitioner has objection regarding his further liability to pay the amount as prayed for in the execution petition, the executing court has to consider that objection and fix the liability. So far as the amount directed to be deposited as per Ext.P7 is concerned, learned counsel submits that petitioner OP(C) No.2616/2011 2 will deposit that amount as ordered without prejudice to his contentions in the executing court. I direct the executing court to consider the objection of petitioner that he is not liable to pay any further amount as claimed by the respondent and pass appropriate orders. With the above observation this petition is disposed of. THOMAS P.JOSEPH, Judge. cks