IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.CHITAMBARESH THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 10554 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.175/2000 IN LAR.109/1992 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER(S): --------------- HINDUSTAN PETROLEUM LIMITED REP. BY SENIOR REGIONAL MANAGER(LPG) KANJIKODE, PALAKKAD-678621. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR SRI.JOSON MANAVALAN RESPONDENT(S): --------------- 1. T.VELRAJ, S/O.THIRUMALAISAMY VINAYAKA KOVIL STREET, NETAJI ROAD, PAPPANICKAM PLALAYAM COIMBATORE-37. 2. THE SPECIAL TAHSILDAR(LA) G.NO.1,PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10554/2009 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE DECREE PASSED BY THE SUB COURT, PALAKKAD IN L.A.R. NO. 109/1992 DATED 30.06.1997. EXHIBIT P2 : TRUE COPY OF THE DECREE PASSED BY THIS HONOURABLE COURT DATED 17.06.2005 IN L.A. NO. 390/1999 EXHIBIT P3 : TRUE COPY OF THE BALANCE STATEMENT FILED BY THE 2ND RESPONDENT DATED 31.01.2007. EXHIBIT P4 : TRUE COPY OF THE BALANCE STATEMENT FILED BY THE 1ST RESPONDENT DATED 31.01.2007. EXHIBIT P5 : TRUE COPY OF THE ORDER PASSED BY THE SUB COURT, PALAKKAD DATED 30.01.2009 IN EXECUTION PETITION NO. 175/2000 IN L.A.R. NO. 109/1992. EXHIBIT P6 : TRUE COPY OF THE AMENDED EXECUTION PETITION SHOWING THE SCHEDULE OF MOVABLES TO BE ATTACHED FROM THE PETITIONER DATED 23.07.2000. EXHBIT P7 : TRUE COPY OF THE ORDER OF ATTACHMENT DATED 25.03.2009 HANDED OVER BY THE AMIN TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 10554 OF 2009 ------------------------------------ Dated this the 24th day of November, 2011. JUDGMENT The interim order dated 31.03.2009 passed in the above writ petition is as follows: “Admit. Urgent notice. Learned counsel for the petitioner submitted that the petitioner is willing to deposit the amount sought to be realised as per the order of the court within a period of one month and that it is not necessary to effect the attachment of the movables in the meanwhile. It is also submitted that the petitioner is willing to file an undertaking before the executing court to that effect within a period of one week. Accordingly, there will be an interim stay as prayed for till 30.05.2009, on condition that the petitioner files an undertaking as above before the executing court on or before 08.04.2009.” The writ petitioner sought only a month's time to pay the amount covered by the decree to avert attachment of the movables. The entire amount due under the decree has been deposited by the writ petitioner according to its counsel. No further question arises for consideration in this writ petition. If the petitioner has a grievance that excess amount has been 2 WP(C) No. 10554/2009 paid, it is open to it to move the execution court under Section 47 of CPC. Subject to the above observations, the writ petition is dismissed. V. CHITAMBARESH JUDGE dnc