IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 14402 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.80/2007,EA.527/2008 IN OS.73/2006 of PRINCIPAL SUB COURT,ALAPPUZHA .................... PETITIONER(S): --------------- P.S.LALU, HOUSE NO.XVIII/815, PROPRIETOR ALANKAR JEWELLERS, MULLACKAL, ALAPPUZHA. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- M.M.MANOJ, MUTAYAATH HOUSE, RAMAPURAM P.O., PAKVELI, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.14402 of 2009 = = = = = = = = = = = = = = Dated this the 26 th day of May, 2009 JUDGMENT The writ petitioner is the judgment debtor in O.S.No.73 of 2006 on the file of the Sub Court, Alappuzha. In an earlier Writ Petition filed by the petitioner as W.P.(c).No.5738 of 2009 before this Court, as per Ext.P3 judgment dated 20.3.09, this Court directed the petitioner to wipe off the decree amount in monthly instalments of Rs.15,000/- starting from 6.4.09. It appears that on the same day namely 20.3.09, an order was passed by the Executing Court, where the decree holder consented for wiping off the decree amount in instalments at the rate of Rs.5000/- per month. The petitioner has again approached this Court with a prayer for a writ of Prohibition restraining the Sub Court, Alappuzha from proceeding ahead with the execution proceedings. 2. The petitioner alone is to be blamed for two courts passing two different orders on the same day. So long as Ext.P3 Judgment is in force, the petitioner cannot escape from his W.P.(c).No. 14402 of 2009 2 obligation to comply with the said judgment. The proper course for the petitioner is to move this Court seeking a modification of the judgment in W.P.C No.5738 of 2007 in the light of Ext.P4 order. This Writ petition is accordingly disposed of directing the Sub Court, Alappuzha to keep the executing proceedings in E.P.No.80 of 2007 in O.S.No.73 of 2006 in abeyance for a period of two weeks so as to enable the petitioner to move this Court for appropriate orders. Dated this the 26th day of May, 2009. V. RAMKUMAR, JUDGE sj