IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 3976 of 2009(W) AGAINST THE ORDER DATED 16/12/2008 IN EA 312/08,EP283/06 IN OS.89/2005 of MUNSIFF-MAGISTRATE COURT,PERINTHALMANNA PETITIONER: DECREE HOLDER K.DAMODHARAN, S/O.LATE N.P.KUTTISANKARA MENON, 'ARADHANA', ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT: JUDGMENT DEBTOR: K.ALIKUTTY, S/O.KOMU, KALLUPALAM HOUSE PEERINTHALMANNA AMSOM DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3976 OF 2009 W ------------------------------------------------------ Dated this the 13th February, 2009 JUDGMENT The petitioner is the decree holder in O.S.No.43 of 2005, on the file of the Court of the Munsiff-Magistrate, Perinthalmanna. The petitioner filed Execution Petition for realisation of the decree debt by arrest and detention of the judgment debtor. The judgment debtor pleaded no means. That contention was rejected by the executing court. The judgment debtor filed W.P.(C) No.28461 of 2008, which was disposed of as per the judgment dated 30.9.2008 along with another connected Writ Petition, directing the order to be kept in abeyance to enable the judgment debtor to deposit Rs.15,000/-. The judgment debtor was directed to deposit Rs.15,000/- in the connected case as well. The judgment debtor deposited the amount. The petitioner/decree holder sought to withdraw the amount. The court below, by Ext.P2 order dated 9.12.2008 disallowed the prayer of the decree holder on the ground that the High Court had directed only to deposit the amount and no permission was granted to the decree holder to withdraw the amount. Ext.P2 is under challenge in this Writ Petition. W.P.(C) NO. 3976 OF 2009 :: 2 :: 2. The payment of Rs.15,000/- by the judgment debtor was towards the decree debt. The decree holder is entitled to realise the decree debt. Therefore, there is no point in saying that the amount should be kept in deposit. The decree holder is entitled to withdraw the amount. Therefore, Ext.P2 order is quashed. The executing court shall disburse the sum of Rs.15,000/- to the petitioner/decree holder. The Writ Petition is allowed as above. (K.T.SANKARAN) Judge ahz/