IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 6378 of 2009(O) -------------------------------------- (O.S. NO.152/1995 OF SUB COURT, KASARAGOD) ........... PETITIONERS: --------------------- 1. KRISHNA MOOLYA, S/O. LATE DOOMAPPA MOOLYA, AGED 65 , SALETHADKA, PADRE, KASARGODE. 2. RAMANATHA, S/O. LATE DOOMAPPA MOOLYA, AGED 44, SALETHADKA, PADRE, KASARGODE. BY ADV. SMT.I.SHEELA DEVI. RESPONDENT: ---------------------- VENKATAMREMANA BHAT, S/O. SUBRAMANYA BHAT, AGED 59, SALETHADKA NADUMANA, PADRRE, KASARGODE. BY ADV. MR. MILLU DANDAPANI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.6378 of 2009 - O --------------------------------- Dated this the 14th day of July, 2009 J U D G M E N T Learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file fresh petition, if need be. 2. The petition is seen filed at a stage when a decree in a suit for partition is being executed and a proclamation for sale of the property to realise the mesne profits awarded in the decree is under consideration by the execution court. It is submitted that proclamation has not been settled and petitioner has filed objections raising various contentions including value of the property to be proclaimed for sale. After admitting the writ petition, as a condition precedent for granting of stay, the petitioner had been directed to deposit a sum of Rs.50,000/- i.e., Rs.25,000/- each on two occasions, and such amounts have been deposited. The decree holder has withdrawn Rs.25,000/- deposited in the first instalment and the other deposit is still with the court. As regards the realisation of the second instalment of Rs.25,000/-, an order had been issued that it shall be subject to furnishing of security. W.P.(C).No.6378 of 2009 - O 2 3. After hearing the counsel on both sides, I find the sum of Rs.25,000/- deposited by the petitioner can also be released to the decree holder without furnishing security as the decree debt is much more than the amount deposited. Whatever objections the petitioner has, he can present and agitate them in the execution proceedings. Without prejudice to the right of the petitioner to take whatever contentions available, as provided by law, in the execution proceedings, this writ petition is closed as withdrawn. S.S.SATHEESACHANDRAN, JUDGE. bkn/-