IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 OP(C).No. 2977 of 2011(O) ------------------------- OS.78/2000 of SUB COURT, PATHANAMTHITTA .................... PETIITIONER ------------------ JESSY CHERIAN,AGED 68 YEARS,W/O.LATE CHERIAN MUTHALALI,9A,SILVER LAWN, MAROTTICHUVADU,EDAPPALLY NORTH VILLAGE, KOCHI-24,ERNAKULAM DISTRICT. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.C.D.ANIL RESPONDENTS: ------------------------- 1. ELSY ALEXANDER,W/O.GEORGE ALEXANDER KALLOTTU HOUSE,KILIVAYAL,VADACADATHUCAV P.O, ERATHU MURI,ERATHU VILLAGE,ADOOR TALUK 689 645. 2. SHASHI ALEXANDER @ SHASHI K.GEORGE, W/O.GIGI K.GEOREGE,KALLOTTU HOUSE,KILIVAYAL, VADACADATHUCAV P.O,ERATHU MURI,ERATHU VILLAGE, ADOOR TALUK 689 645. 3. MIRASH ALEXANDER,W/O.GEORGE PHILIP, KALLOTTU HOUSE,KILIVAYAL,VADACADATHUCAV P.O, ERATHU MURI,ERATHU VILLAGE, ADOOR TALUK 689 645. R1 TO R3 BY ADV. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW & SRI.JENNIS STEPHEN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2977 of 2011 -------------------------------------- Dated this the 13th day of October, 2011. JUDGMENT Petitioner is the first judgment debtor in E.P.No.158 of 2009 in O.S.No.78 of 2000 of the court of learned Sub Judge, Pathanamthitta. Respondents/decree holders obtained a decree for recovery of possession of property and recovery of mesne profits from petitioner and other judgment debtors. For recovery of mesne profits, property of petitioner was attached. At that stage, petitioner approached this Court with this Original Petition to lift the attachment on deposit of the amount due under the decree. 2. This Court passed an interim order on 07.09.2011 that there would be an interim order lifting the attachment on condition that petitioner deposited `10,01,000/- before the executing court on or before 19.09.2011. Certain other conditions were also imposed. Admittedly the said conditions have not been complied. 3. Learned counsel for respondents submitted that only petitioner/1st judgment and 2nd judgment debtor have appeared in E.P.No.158 of 2009 and that other judgment debtors have not so far appeared, though, all the judgment debtors including petitioner are sailing together. Learned counsel for petitioner submitted that those judgment debtors who have not so far appeared in the executing court would appear in the executing court. That submission is OP(C)No.2977/2011 2 recorded. Learned counsel for petitioner has requested permission to withdraw this Original Petition submitting that an application has already been filed in the executing court to lift the attachment. Learned counsel submits that petitioner may be permitted to pursue that application. 4. Having heard learned counsel on both sides I am inclined to allow the request. Resultantly this Original Petition is dismissed as withdrawn without prejudice to the right of petitioner to pursue the application filed in the executing court to lift the attachment. THOMAS P.JOSEPH, Judge. cks