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. 7000 of 2008(G) ------------------------------------ PETITIONER: ------------------ K.AJITH, S/O. KUTTAPPAN, AGED 36 YEARS, PROPRIETOR, K.N.K.TAILORS, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: ----------------------- 1. P.O.VARGHESE, VAYALARIKATHUPUTHENPURAYIL VEEDU, KALANJOOR, PATHANAPURAM, KOLLAM DISTRICT. 2. K.N.SUDARSANAN, KARUMALIL VEEDU, PUNNATHALACHERRY, KOLLAM. 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. 7000 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 Subordinate Judge, Kollam in E.A.103/05 in E.P.21/01 in O.S.391/93. The said order is passed in an application where the petitioner prays for release of the amount of Rs.54,000/- deposited by him pursuant to the order of this Court in execution first appeal 34/04. In the said judgment this Court had made it clear that “The appellant is therefore free to withdraw that amount on condition that the appellant returns the entire movables attached as per the schedule to the petition for attachment.” So the order of this Court makes it crystal clear that whatever has been taken has to be returned before withdrawal of the amount. The learned Subordinate Judge would state that 26 suing machines are involved and only 16 W.P.C 7000 OF 2008 -:2:- is returned and therefore there is non-compliance of the order of the High Court and so the petitioner is not entitled to withdraw the amount. I feel that an opportunity can be given to the petitioner to return the movables attached and when there is substantial compliance of the order and on hearing both sides the Court can permit withdrawal of the amount. To enable the writ petitioner to comply with the order of the Court I give him one month's time and also direct the Court below to reopen E.A.103/05 and pass appropriate orders in case there is compliance of the order of this Court. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-