IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 11860 of 2009(O) --------------------------------------- OS.NO.19/2007 OF MUNSIFF COURT, KARUNAGAPPALLY. .................... PETITIONER: ------------------- M. RAVEENDRAN, S/O. SHANKARANKUTTY NAIR, SECOND GRADE ACCOUNTANT, K.M.M.L CHAVARA, KOLLAM, NOW RESIDING AT S.R.M ROAD, PACHALAM.P.O, ERNAKULAM. BY ADVS. MR.T.V.GEORGE, MR.JIMMY GEORGE (THADATHIL). RESPONDENT: ---------------------- CHANDRAN, S/O. NARAYANAN, PERUMPAZHATH HOUSE, PANMANA VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. MR.C.RAJENDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.11860 of 2009 - O --------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T The writ petition is filed by the judgment debtor in E.P.No.57/2008 in O.S.No.19/2007 on the file of the Munsiff Court, Karunagappally. Suit was one for money filed by the respondent. A decree was granted in favour of the respondent and in the execution proceedings thereof a warrant had been issued against the petitioner. At that stage, petitioner has approached this Court seeking a direction/order to keep the warrant in abeyance till consideration of two petitions moved by him before the trial court. Ext.P6 and P7 are the applications. The decree was passed ex-parte and Ext.P6 application has been moved for setting aside that decree with Ext.P7 application for condonation of 553 days delay in filing the application. 2. I heard the counsel on both sides. 3. Stay of the execution proceedings taken pursuant to ex-parte decree till consideration of Exts.P6 and P7 applications by the court and disposal on merits is sought for by the judgment W.P.(C).No.11860 of 2009 - O 2 debtor. Even pendency of an appeal against a decree passed on merits is no ground to resist the execution of the decree. Sufficient ground has not been made out to stay the execution proceedings and the petitioner/judgment debtor cannot obstruct the decree holder from enjoying the benefit of a decree obtained from a court of law. The writ petition is devoid of any merit, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-