IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30157 of 2008(M) -------------------------------------- EP.NO. 169/08 IN OS.125/2006 OF MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: ----------------- PRABHAKARAN PILLAI, AGED 55 YEARS, S/O RAGHAVAN PILLA, PALAZHIYIL HOUSE, KOLLAKAMURY, VADAKKUMTHALA VILLAGE. KARUNAGAPPILLY. BY ADV. SRI.SIRAJ KAROLY RESPONDENT: --------------------- C.P. VINAYAKAN, S/O. P.K. PADMANABHAN, VENEETH HOUSE, KOLLAKAMURY, VADAKKUMTHALA VILLAGE, KARUNAGAPPILLY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== W.P.(C) No.30157 OF 2008 ===================== Dated this the 15th day of October 2008 JUDGMENT Perused the writ petition. The prayer in the writ petition is to quash Ext.P9. Ext.P9 is an order whereby the learned Munsiff, Karunagappally has ordered issuance of warrant against the judgment debtor. The defendant has preferred an appeal before the District Court and the District Court by its order dated 18.7.2008 granted interim stay on condition of furnishing of security within two months. As the security was not furnished, the learned Munsiff has ordered warrant. 2. It is the contention of the petitioner that he is only having one item of property and that the original of the document is mortgaged with a co- operative bank and therefore he was not able to produce the original of the document. Whether the sufficiency of security can be decided by producing a copy of the document, etc. and whether it will be sufficient to discharge the decree debt are all matters which require consideration. Therefore, at the outset, the writ petitioner has to approach the District Court for extension of time for furnishing security. WP(C) 30157/2008 -:2:- Therefore I dispose of the writ petition with liberty to the petitioner to move an application for extension of time for furnishing security. I also direct the learned Munsiff not to proceed with the warrant of arrest for a period of one month so as to enable the writ petitioner to approach the District Court for extension order. M.N.KRISHNAN, JUDGE Cdp/-