IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 3214 of 2008(G) ------------------------------------- OS.676/2005 OF PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER: ------------------- A.R.AJAYAKUMAR, AGED 43 YEARS, S/O.RAGHAVAN, RESIDING AT AJAYA BHAVANAM, KODAMTHURUTH, KUTHIYATHODU P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.T.MADHU. RESPONDENTS: ------------------------ 1. PADMANABHAN, S/O.KOCHAYYAPPAN, RESIDING AT ETTUCHAKRATHARAYIL VELIKKAKATHU HOUSE, UZHUVA MURI, PATTANAKKAD VILLAGE. 2. RAJAMMA, W/O.PADMANABHAN, RESIDING AT ETTUCHAKRATHARAYIL VELIKKAKATHU HOUSE, UZHUVA MURI, PATTANAKKAD VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.3214 OF 2008 ===================== Dated this the 28th day of January 2008 JUDGMENT This writ petition is filed seeking to set aside Exts.P4 and P5 orders. By Ext.P4 order, the court below allowed the prayer of the judgment debtor to file his objection to the execution petition, but imposed a condition on payment of Rs.10,000/- towards the decree debt. For non-compliance of the same by Ext.P5 order, the court below dismissed that application. Learned counsel for the petitioner submits that the contention of the judgment debtor to be raised is that he has no means to pay the decree debt. So, if a condition is attached to make the payment of Rs.10,000/- it almost amounts to declining an opportunity to the petitioner to put forth his contention in the E.P. I feel there is considerable force in the said contention. In the execution petition, the judgment debtor wants to raise a plea of no means and allowing the application on payment of Rs.10,000/- is a harsh decision. Therefore I feel this Court has to interfere with the said decision. But, for the laches on the part of the petitioner, this Court has to direct to W.P.(C) 3214/2008 -:2:- pay some cost to the decree holder. Therefore, I set aside Exts.P4 and P5 orders on condition that the petitioner makes a payment of Rs.1,000/- (rupees one thousand only) as cost to the decree holder on or before 20.2.2008. If the said payment is made, the court below is directed to permit the petitioner to file his objection and then permit both parties to adduce evidence in support of their respective contentions and dispose of the matter in accordance with law. Needless to say that till the disposal of the matter, the court cannot execute the warrant of arrest. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-