IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 W.P(C).No. 20866 of 2008(H) -------------------------- OS.14/2005 OF IST ADDL.M.C.,NEYYATTINKARA .................... PETITIONER: ----------- RAJEEV, AGED 41 YEARS, RAJEEV NIVAS, KANJAMPAZHINJI, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT: ---------- BHUVANENDRAN, S/O.VASUDEVAN, 'VINAYAM', MEPURAM, THIRUPURAM DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 20866/ 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE PHOTOCOPY OF OBJECTION DATED 17/12/2007 FILED BY THE PETITIONER IN E.P.248/2007. EXHIBIT P2 : TRUE PHOTOCOPY OF ORDER OF THE FIRST ADDITIONAL MUNSIFF'S COURT, NEYYATTINKARA IN E.P NO.248/2007 IN O.S. NO.14/2005. EXHIBIT P3 : TRUE PHOTOCOPY OF E.A. 398/08 IN E.P 248/07 IN O.S. 14/2005 BEFORE THE FIRST ADDITIONAL MUNSIFF'S COURT,NEYYATTINKARA. EXHIBIT P4 : TRUE PHOTOCOPY OF ORDER DATED 2/06/2008 OF THE FIRST ADDITIONAL MUNSIFF'S COURT, NEYYATTINKARA. /TRUE COPY/ P.A. TO JUDGE scm M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 20866 OF 2008 ............................................ DATED THIS THE 4th DAY OF SEPTEMBER, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India challenging Ext.P4 order passed by Munsiff, Neyyattinkara in E.P.248 of 2007 whereunder E.A.398 of 2008, an application to recall the arrest warrant, praying three months time to pay the entire decree debt was dismissed by learned Munsiff, on 2.6.2008. 2. Learned counsel appearing for petitioner submitted that petitioner is prepared to pay the entire decree debt before 30.9.2008. 3. As is clear from Ext.P4 order that petitioner only prayed for three months time from 28.5.2005 to pay the decree debt. Even though that petition was dismissed on 2.6.2008, three months time elapsed even thereafter. In such circumstances, there is no reason to interfere with Ext.P4 order. In view of the submission made by learned counsel that the entire decree amount will be paid before 30.9.2008 to enable payment, executing court shall not enforce the order of arrest till 30.9.2008. M.SASIDHARAN NAMBIAR, JUDGE lgk/-