IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 24043 of 2009(O) ------------------------------------- EP.207/2008 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------------- 1. C.J.GLENNY, S/O. CHEMMANNOOR JOSEPH ARANATTUKARA VILLAGE, OLARIKKARA DESOM, THRISSUR TALUK. 2. C.L.JOSEPH, S/O. CHEMMANNOR LONAPPAN ARANATTUKARA VILLAGE, OLARIKKARADESOM, THRISSUR TALUK. 3. C.J.RAPHEL, S/O. JOSEPH, CHEMMANNOOR HOUSE, ARANATTUKARA VILLAGE, OLARIKKARA DESOM, THRISSUR TALUK. BY ADV. MR.V.B.HARI NARAYANAN RESPONDENT(S): ------------------------ JEWEL ROCK HIRE PURCHASE & KURIES (P)LTD THRISSUR. REP. BY ITS MANAGING DIRECTOR, S.RAMAKRISHNAN. BY ADVS. MR.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24043/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EXECUTION PETITION. P2:- COPY OF THE ORDER DTD. 9.7.09 IN EP. 207/08. P3:- COPY OF THE EA. NO.1027/09. TRUE COPY P.A. TO JUDGE tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.24043 of 2009 ------------------------------------- Dated 19th March 2010 Judgment In this Petition filed under Article 227 of the Constitution of India, the limited prayer of the petitioners is for a direction to the Court below to take up Ext.P3 application and dispose of the same on merits. 2. The petitioners are the judgment debtors in EP No.207/08 in OS No.821/96 before the Second Additional Sub Court, Thrissur. The suit was one for money and the decree was passed for Rs.7,35,000/- with interest @ 12%. The decree was put in execution. The petitioners entered appearance and the EP was posted to 09.07.2009. On the said date, there was no representation for the petitioners and therefore, the Court below issued arrest warrant against them. Thereafter, the petitioners filed EA No.1027/09 to recall the arrest warrant. This Writ Petition is filed, praying for early disposal of the said EA. WPC 24043/09 2 3. The learned counsel for the respondent submitted that the respondent has no objection in disposing of Ext.P5 application. There is no reason as to why the application to recall the arrest warrant should be kept pending. Accordingly, this Writ Petition is disposed of directing the Sub Court, Thrissur to consider and dispose of Ext.P3 in accordance with law as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this Judgment. P.BHAVADASAN, JUDGE sta WPC 24043/09 3