IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 33472 of 2008(I) -------------------------------- AGAINST THE ORDER IN EP 16/2008 IN OS.15/2004 OF MUNI-MAGI.COURT,MANNARKAD .................... PETITIONER : -------------------- C.P.VISWAMBHARAN, 52 YEARS S/O.PADMANABHAN, CHETHAPPARA HOUSE, CHITTOOR, AGALI VILLAGE, MANARKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: -------------------- P.V.JOSEPH, 62 YEARS, S/O.VARKY, PARATHINAL HOUSE, CHITTOOR, AGALI VILLAGE, MANARKKAD TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. --------------------------------------- W.P(c) No. 33472 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT Heard counsel for the petitioner. The petitioner is the judgment debtor in E.P. No. 16 of 2008 in O.S. No. 15 of 2004 on the file of the Munsiff's court, Mannarkkad. The amount due under the decree from him is Rs.1,13,475/- and cost allowed to be recovered by the decree is Rs.10,730/- as seen from the copy of E.P filed in this writ petition, marked as Exhibit P1. On issuance of Rule 37 notice on the court being convinced prima facie of the means of the petitioner, J.D on the basis of Exhibit P2 affidavit filed by decree holder, the petitioner entered appearance on 9/07/2008. Thereafter E.P was posted on the request of the petitioner for filing counter to 29/07/2008, 18/08/2008, 2/09/2008, 30/9/2008 and 13/10/2008. Still no counter was filed to Rule 37 notice by the petitioner, J.D. It was in the above circumstances that warrant was ordered by the execution court. The procedure adopted in execution of money decree cannot be found fault with. Now counsel for petitioner submits that the petitioner would pay an amount of W.P(c) No. 33472/2008 2 Rs.30,000/- to the decree holder through the decree holder's counsel in the court below positively within two weeks from today. If such payment is made, the execution court shall receive the objection of the petitioner to Rule 37 notice and consider his objections and pass appropriate orders. It is made clear that on payment of Rs.30,000/- within the aforesaid time, the warrant shall be recalled. But all the same, warrant issued need not be recalled or kept in abeyance till the payment is made. This writ petition is disposed of with the above directions. K.P. BALACHANDRAN, JUDGE scm