IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7170 of 2009(M) EP.NO.330/2007 IN OS.541/2003 OF PRINCIPAL MUNSIFF'S COURT, TRIVANDRUM PETITIONER: --------------- E. THAMBAN NAIR, S/O. KANNAN NAIR, CHERIYAKKARA, P.O. KAYYUR, VIA CHERUVATHUR, KASARAGOD DISTRICT BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. M.S.M. NAIR, S/O. SANKARA PILLAI, VIJAYALAYAM, T.C 47/1975, JUDGE ROAD, KARAMANA.P.O, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AGRICULTURAL OFFICER, KASARAGOD. GOVERNMENT PLEADER SMT.LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 7170 OF 2009 M ------------------------------------------------------ Dated this the 5th March, 2009 JUDGMENT The judgment debtor in O.S.No.541 of 2003, on the file of the Court of the Munsiff of Thiruvananthapuram, has filed this Writ Petition for the issue of a direction for keeping in abeyance the execution proceedings so as to enable the petitioner to take steps to challenge the decree. 2. The suit was filed by the first respondent against the petitioner in 2003. The suit was decreed on 4.1.2005. It was an exparte decree. E.P.No.330 of 2007 was filed for execution. In execution, the Death- cum-Retirement Gratuity and other amounts payable to the petitioner were attached. The execution proceedings are pending. The contention of the petitioner is that he intends to file an appeal against the decree and to enable him to do so, the execution proceedings may be kept in abeyance for a period of four months. The relief prayed for is beyond the scope of the jurisdiction under Article 227 of the Constitution of India. The Writ Petition fails and it is dismissed. (K.T.SANKARAN) Judge ahz/