IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 OP(C).No. 1816 of 2011(O) ------------------------- OS.810/2005 of PRL.SUB COURT,THRISSUR .................... PETITIONERS: ------------------- 1. P.K.RAMACHANDRAN, S/O.KRISHNANUNNI, KALLIPARAMBIL, THEKKUMKARA VILLAGE, DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. KRISHNANUNNI, S/O.PALLIKKARA SANKUNNI NAIR, THONURKARA VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------------------ GENERAL KURIES & LOANS (P) LTD., VADAKKANCHERRY, THRISSUR DISTRICT-680582. ADV. SRI.DINESH MATHEW J.MURICKEN FOR R SRI.P.V.BALAKRISHNAN FOR R THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM OP(C).No. 1816 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE EXECUTION PETITION IN E.P.NO.566/2009 IN O.S.NO.810/2005 IN THE FILE OF THE COURT OF SUBORDINATE JUDGE, THRISSUR. P2 COPY OF THE SAID PETITION E.A. NO.926/2010 IN E.P.NO.566/2009 IN O.S.NO.810/2005 IN THE FILE OF THE COURT OF SUBORDINATE JUDGE, THRISSUR DATED 27-05-2010 P3 COPY OF THE E.A. NO.925 /2010 IN E.P.NO.566/2009 IN O.S.NO.810/2005 IN THE FILE OF THE COURT OF SUBORDINATE JUDGE, THRISSUR DATED 27-05-2010 P4 COPY OF THE PETITION DATED 04-06-2011 IN E.A.NO.925/2010 IN E.P.NO.566/2009 IN O.S.NO.810/2005 IN THE FILE OF THE COURT OF SUBORDINATE JUDGE, THRISSUR P5 COPY OF THE MEMO DATED 04-06-2011 IN E.A.NO.925/2010 IN E.P.NO.566/2009 IN O.S.NO.810/2005 IN THE FILE OF THE COURT OF SUBORDINATE JUDGE, THRISSUR RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE MM THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1816 of 2011 -------------------------------------- Dated this the 13th day of October, 2011. JUDGMENT Petitioners are the judgment debtors in E.P.No.566 of 2009 in O.S.No.810 of 2005 of the court of learned Sub Judge, Thrissur. Respondent obtained a decree for recovery of money against them and put the decree in execution. Respondent wanted personal execution against petitioners. Notice under Order XXI Rule 37 of the Code of Civil Procedure was served on the petitioners and they were called upon to answer the notice on 24.05.2010. But they remained absent. I am told that petitioners were set exparte on that day and warrant for arrest of petitioners was ordered on the same day. On 27.05.2010 petitioners filed Exts.P2 and P3, applications to set aside “the exparte order” dated 24.05.2010 and to recall the warrant of arrest. Learned counsel submits that those applications are filed within the period prescribed under Sub-rule (3) of Rule 106 of Order XXI of the Code of Civil Procedure. Grievance of the petitioners is that Exts.P2 and P3, applications have not so far been disposed of. It is submitted by the learned counsel that petitioners had paid `25,000/- to the respondent on 04.06.2011 and that as per order of this Court on 08.06.2011 petitioners have deposited a further sum of `10,000/- in the executing court. 2. Learned counsel for respondent submits that as on September, 2009, around `1,25,000/- was due from the petitioners and that even adjusting OP(C)No.1816/2011 2 the amounts said to be paid by petitioners as aforesaid, more than Rupees one lakh is due. 3. Having regard to the contentions raised by the parties I am inclined to direct learned Sub Judge, Thrissur to dispose of Exts.P2 and P3, applications as early as possible and in the meantime, to direct that the warrant of arrest issued to the petitioners will stand in abeyance but, subject to conditions. Resultantly this Original Petition is disposed of as follows: i. Learned Sub Judge, Thrissur is directed to dispose of Exts.P2 and P3, applications (if it has not already been disposed of) as early as possible. ii. It is directed that the warrant of arrest issued to the petitioners will stand in abeyance for a period of fortyfive (45) days (within which period learned Sub Judge shall dispose of Exts.P2 and P3, applications) on condition that petitioners pay to the respondent/deposit in the executing court for such payment `25,000/- (Rupees Twentyfive thousand only) within a period of one month from this day. iii. If the aforesaid condition is not complied, it will be open to the executing court to issue warrant of arrest to the petitioners subject to the decision it takes on Exts.P2 and P3, applications. THOMAS P.JOSEPH, Judge. cks