IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 11886 of 2010(O) -------------------------- AS.86/2008 of SUB COURT, CHERTHALA OS.311/1997 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER: --------------- A.C.THOMAS,ARAKKATHARA TOM BHAVAN, CHERTHALLA KIZHAKKUM MURI,KOKKOTHAMANGALAM VILLAGE CHERTHALA TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENT: --------------- GEORGE ALEXANDER,KUNNAPPALLI NIKARTHILAYA PUTHANPURAYIL,THYKATTUSSERY MURI, THYKATTUSSERY VILLAGE,CHERTHALA TALUK, ALAPPUZHA DISTRICT. ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11886 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : ATTACHMENT REPORT DTD. 29.03.97 IN O.S.No.311 OF 1997 OF THE MUNSIFF'S COURT, CHERTHALA EXHIBIT P2 : ORDER DTD. 19.01.2009 ON I.A.No.94 OF 2009 IN A.S.No.86 OF 2008 OF THE SUB COURT, CHERTHALA EXHIBIT P3 : AFFIDAVIT IN I.A.NO.287 OF 2009 IN A.S.No.86 OF 2008 OF THE SUB COURT, CHERTHALA EXHIBIT P4 : OBJECTIONS TO I.A DTD. 10.07.2009 FILED ON BEHALF OF RESPONDENT EXHIBIT P5 : REPLY AFFIDAVIT TO THE SAME DTD. 23.09.2009 FILED BY PETITIONER EXHIBIT P6 : AFFIDAVIT IN E.A.NO.58 OF 2010 IN E.P.NO.291 OF 2008 IN O.S.No.311 OF 1997 OF THE MUNSIFF'S COURT, CHERTHALA BY THE PETITIONER EXHIBIT P6(a) : PETITION IN DO- FILED BY PETITIONER EXHIBIT P7 : OBJECTIONS TO THE SAME FILED ON BEHALF OF RESPONDENT EXHIBIT P8 : ORDER DTD. 17.03.2010 PASSED BY the MUNSIFF'S COURT, THEREON RESPONDENT'S EXHIBITS: NIL True Copy P. A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.11886 of 2010 --------------------------------------- Dated this 08th day of July, 2010 JUDGMENT Petitioner against whom a money decree was passed challenged it in A.S.No.86 of 2008 and vide I.A.No.94 of 2009 sought stay of execution of that decree. Learned Sub Judge vide order dated 19-01-2009 granted stay but on condition of petitioner furnishing security for due performance of the decree under challenge. That order was followed by Ext.P3(a), application filed by petitioner in the appellate court for a review of the order (dated 19-01-2009) on the ground that his property has already been attached before judgment and that is sufficient security for due performance of the decree and hence it is not necessary to furnish sufficient security as ordered on I.A.No.94 of 2009. Though certain other reliefs are also prayed for in the writ petition, learned counsel for petitioner at the time of hearing has confined his grievance to non consideration of Ext.P3(a), application by the learned Sub Judge. He requested that learned Sub Judge may be directed to consider Ext.P3(a), application. I have heard counsel for respondent as well. 2. I am not going into the question whether attachment of the property is sufficient security as provided in Order XL1 W.P.C.No.11886 of 2010 : 2 : Rule 5(3) of the Code of Civil Procedure. Now that petitioner ahd filed Ext.P3(a), application before learned Sub Judge, that application has to be disposed of, if not already disposed of. Learned Sub Judge is therefore directed to dispose of Ext.P3(a) application dated 10-02-2009 at the earliest if it has not so far been disposed of. Writ petition is disposed of in the above lines. (THOMAS P JOSEPH, JUDGE) Sbna/-