IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 28980 of 2009(O) --------------------------------------- AGAINST THE ORDER IN EP 1206/08 IN OS.2824/2006 of II ADDL.MUNSIFF COURT,THRISSUR . .................... PETITIONER(S): ---------------------- 1. JAYASANKAR, AGED 38, S/O.PARAMESWARAN NAIR, VILAKKAPPILLY HOUSE, AYYANTHOSE VILLAGE- DESOM THRISSUR TALUK. 2. RAMADAS, S/O. PARAMESWARAN NAIR VILAKKAPILLY HOUSE AYYANTHOLE VILLAGE DESOM, THRISSUR TALUK. 3. BABURAJ, S/O. ARAKKAL CHAKUNNY OLLUKARA VILLAGE, MULLUKARA DESOM, THRISSUR TALUK. BY ADVS. MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- MIDDLE STATE KURIES AND LOANS (P) LTD., THRISSUR.P.O. THRISSUR. R1 BY ADV. MR.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28980/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EP. NO.1206/08 IN OS. 2824/06 DTD. 17.7.08 ON THE FILE OF THE MUNSIFF COURT, THRISSUR. P2:- COPY OF THE OBJECTION FILED BY THE PETITIONER DTD. 27.5.09 IN EXT.P1 ON THE FILE OF THE MUNSIFF COURT, THRISSUR. P3:- COPY OF THE ORDER PASSED IN EP. 1206/08 IN OS NO. 2824/06 DTD. 20/2/09 ON THE FILE OF THE 2ND ADDL. MUNSIFF COURT, THRISSUR. TRUE COPY P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.28980 OF 2009 -------------------------------- Dated this the 19th day of November 2009 ---------------------------------------------------------- JUDGMENT Petitioner is the judgment debtor in E.P No.1206 of 2008 in O.S No.2824 of 2006 on the file of Munsiff Court, Thrissur. Decree executed is one passed in a suit for money, and respondent is the decree holder. While admitting the writ petition, petitioners/judgment debtors were directed to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) to stay operation of the warrant issued against them for nondischarge of the decree debt. It is reported that the interim direction has not been complied with. 2. I heard the counsel on both sides. Ext.P3 is the order passed by the execution court directing issue of warrant against the petitioners/judgment debtors. Ext.P3 order is seen passed as early in 20/02/2009 and the writ petition has been filed on 13/10/2009. That circumstance itself is sufficient to show that the petition has been filed without any bonafides. Writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE vdv