IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10783 of 2010(O) --------------------------------------- [AS.NO.224/2009 OF SUB COURT, PERUMBAVOOR, OS.NO.68/2008 OF MUNSIFF COURT, KOLENCHERRRY] .................... PETITIONER: ------------------- E.P.PHILIP,AGED 79 YEARS,S/O.PAULOSE, EDAPPILLIMATTATHIL HOUSE,THIRUVANIYOOR KARA AND VILLAGE. BY ADVS. MR.RENJITH THOMAS, MR.NAVEEN THOMAS. RESPONDENT: ---------------------- C.M.AVARACHAN,(ABRAHAM),AGED 49 YEARS, S/O.MATHUKUTTY,CHERUKARAYIL HOUSE,THIRUVANIYOOR KARA AND VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.10783 of 2010-O ------------------------------------- Dated 29th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the petitioner assails Ext.P7 order, by which he has been directed to deposit 1/4th of the decretal amount before the Execution Court on or before 31.03.2010 as a condition for granting stay. 2. The petitioner suffered a decree in OS No.68/08. He filed an appeal as AS No.224/09. When the decree holder took out execution proceedings, he moved the Appellate Court for stay of execution of the decree, whereupon, the Appellate Court passed the aforementioned impugned order. The learned counsel for the petitioner pointed out that he is unable to comply with the condition imposed in the said order as he has no means to pay the amount ordered to be paid. He submitted that the petitioner has got immovable WPC 10783/10 2 properties, which he is prepared to offer as security. 3. In the light of the above stand taken by the petitioner, the impugned order is set aside. There shall be stay of execution of the decree in case the petitioner gives sufficient security to the satisfaction of the Court below within 15 days from today. P.BHAVADASAN, JUDGE sta WPC 10783/10 3