IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 CRP.No. 683 of 2010 AGAINST THE ORDER DATED 22/12/2010 IN IA.11596/2010 IN IA.2777/2005 IN OS.549/2005 of II ADDL.SUB COURT,THRISSUR REVN. PETITIONERS: PETITIONERS: DEFENDANTS: --------------------- 1. E.P.K.BALAKRISHNAN, S/O.KUNJIKUTTAN, KRISHNA BHAVAN, CHEMBUKKAVU VILLAGE, THRISSUR DISTRICT. 2. SMT. THANKAM,W/O.E.P.K.BALAKRISHNAN, DO..DO.. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT: RESPONDENT: PLAINTIFF: --------------- JAYARAMAN, S/O.JAGADEESAN, THATTUPARAMBIL HOUSE, AYYANTHOLE VILLAGE THRISSUR DISTRICT, THRISSUR - 3. ADV. SRI.T.K.MARTHANDAN UNNITHAN SRI.V.JAYAKUMAR THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/01/2011, ALONG WITH CRP NOS.684, 685 AND 686 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------------- C.R.P. NOS.683, 684, 685 & 686 OF 2010 --------------------------------------------------------- Dated this the 19th day of January, 2011 O R D E R The petitioners in all these Revisions are the same persons. The respective respondent in the Revisions filed O.S.Nos.549 of 2005, 527 of 2005, 545 of 2005 and 547 of 2005, on the file of the Court of the II Additional Sub Judge, Thrissur, for realisation of money due on the basis of promissory notes. The suits were decreed. 2. Pending the suits, applications for attachment before judgment were filed by the plaintiffs. The petitioners herein made an undertaking before the court below that they will not alienate the property. That undertaking was recorded and an intimation was sent to the Sub Registrar's Office. 3. It is stated that the petitioners have not obtained copy of the judgments and decrees passed by the court below to enable them to file appeals. C.R.P. NOS.683, 684, 685 & 686 OF 2010 :: 2 :: 4. The petitioners, therefore, filed Interlocutory Applications before the court below in the disposed of suits, under Section 151 of the Code of Civil Procedure, for permission to the petitioners to deposit `6 lakhs each in the four cases and to lift the undertaking given by the petitioners. The court below, relying on the Division Bench decision in Sidharthan v. Praveen Chandran (2008 (1) KLT 136), held that the court below had become functus officio after the disposal of the suits and only the appellate court could entertain those applications. Those orders are under challenge in these Civil Revision Petitions. 5. The learned counsel for the petitioners submitted that the decision in Sidharthan's case does not prohibit exercise of power by the trial court under Rule 9 of Order XXXVIII of the Code of Civil Procedure in a case where certified copies of the judgment and decree were not issued. He also submitted that the petitioners are prepared to deposit `7 lakhs each in the four cases so that the interests of the decree holders would be safeguarded. Learned counsel appearing for the respondents/ plaintiffs submitted that though the contention put forward by the petitioners with reference to the Division Bench decision is not fully correct, the respondents are C.R.P. NOS.683, 684, 685 & 686 OF 2010 :: 3 :: prepared to agree for lifting the undertaking, if the petitioners comply with the offer to deposit `7 lakhs each in the four cases. Accordingly, the Civil Revision Petitions are disposed of as follows: If the petitioners make deposit of `7 lakhs each in O.S.Nos.549 of 2005, 527 of 2005, 545 of 2005 and 547 of 2005, on the file of the Court of the II Additional Sub Judge, Thrissur, the undertaking made by the petitioners not to alienate the properties sought to be attached, will stand lifted. On such deposit, the Subordinate Judge shall intimate the Sub Registrar's Office about the lifting of the undertaking. The Sub Court shall retain the deposit subject to the orders of the appellate court. The learned counsel for the petitioners submitted that they are prepared to deposit the amount in a nationalized bank or in treasury savings bank account so that the amount will carry interest. At present, no such direction is required. The petitioners can make this submission in the appeals which they may file and such request will be considered by the appellate court in accordance with law. (K.T.SANKARAN) Judge ahz/