IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 7034 of 2008(K) ------------------------------------- OS.145/2004 OF MUNSIFF COURT, RANNI. .................... PETITIONER: ------------------- P.K.PARAMESWARAN PILLAI, SAUPARNIKA, THELLIYOOR, KOLOBHAGAM P.O., THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.P.VINODKUMAR, SRI.T.K.AJITHKUMAR, SRI.SUSHANTH.J. RESPONDENT: ---------------------- M.N.KRISHNANKUTTY, MUTHIRAPARAMBIL VEEDU, THADIYOOR, AYROOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7034 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Ranny in E.A.61/07 in E.P.19/06 in O.S.145/04. It is an application filed by the judgment debtor to stay the execution proceedings till the disposal of E.A. The Court below did not entertain the same and dismissed it. It is against that order the present writ petition is filed. 2. The decree holder has obtained a decree against the present writ petitioner and there was an order of attachment of the movables which was released on kyechit to the decree holder and there was a further direction to return it to the judgment debtor. It is the case of the judgment debtor that the articles so attached and entrusted to the decree holder had been damaged to a great extend and therefore he has preferred an execution application claiming damages from the decree holder. Now, what the W.P.C 7034 OF 2008 -:2:- judgment debtor wants is to stay the execution of the decree till a final decision is taken on the petition for claim for damages. 3. I am afraid that both cannot be joined together. But at the same time some direction can be given to satisfy the judgment debtor to the extent that the money deposited by him can be safeguarded by a direction not to disburse the amount till the claim for damages is decided by the Court. Therefore I concur with the finding of the Court that the execution proceedings need not be stayed but I direct the judgment debtor herein to deposit the decree amount before the Court and the Court is directed to deposit the said amount in the fixed deposit in the name of the decree holder itself and keeping the original of the F.D. receipt with it specifically noting the lien of the Court so that the interest portion is not lost and thereafter dispose of the matter in accordance with law in the E.A. for damages. I direct the Court below to give two months time to the judgment debtor to deposit the amount due under the decree. Till the expiry W.P.C 7034 OF 2008 -:3:- of that two months the Court below shall not proceed with the further proceedings in the execution. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-