IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 19TH DECEMBER 2006 / 28TH AGRAHAYANA 1928 WP(C).No. 33676 of 2006(H) -------------------------- I.A.2350/06 IN CMA.53/2006 of ADDL.DISTRICT COURT, THRISSUR OS.646/2002 of SUB COURT,THRISSUR (EP.NO.36/2006) .................... PETITIONER: ------------ G.KRISHNAMOORTHY, S/O. GOPALAN, THRIPPALOOR, PUTHIANKAM, ALATHUR, PALAKKAD. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: ------------- K.M.MOHANDAS, S/O. LATE KUNNATHUVEETTIL MADHAVAN,MUSEUM CROSS LANE, CHEMBUKKAVU VILLAGE, THRISSUR TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, K.T.MURALEEDHARAN, S/O. K.T.BALAGOPALAN NAIR, RESIDING AT DHAIVAKRIPA, CHERUTHURUTHY DESOM & VILLAGE, TALAPPILLY TALUK. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.(C) .NO. 33676 OF 2006 ------------------------------------------ Dated 19th December 2006 JUDGMENT Petitioner is appellant in C.M.A.53/06 on the file of First Additional District court, Trissur. He is challenging Ext.P2 order passed by Additional District Judge whereunder he was permitted to deposit Rs.50,000/- before the trial court as a condition for granting stay. Case of petitioner was that he had produced a demand draft before the Sub court, Thrissur for Rs.1,50,000/- when suit was pending and it is still with Sub court and in such circumstance there is no necessity to deposit further amount of Rs.50,000/-. Ext.P2 order is therefore modified to the effect that if the petitioner has produced demand draft for Rs.1,50,000/- before the trial court, he need not deposit a further amount of Rs.50,000/- and amount of Rs.1,50,000/- deposited before the trial court shall be treated as sufficient security. Writ petition is disposed of. M.SASIDHARAN NAMBIAR, JUDGE. uj.