IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 32728 of 2008(U) ----------------------------- AS.43/2008 OF PRL.SUB COURT,TRIVANDRUM OP(IP).1/2007 OF PRL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONER : ------------------- TITUS, S/O.DEVADAS, AYANIVILA VEEDU, THOLOOR, CHITTUVEETTU MURI, UZHAMALACKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED SRI.M.ABDUL RASHEED RESPONDENT : ------------------------ SAMRAJ, S/O.STEPHEN, PUNNATHOTTATHIL THOPPIL HOUSE, THOLOOR, ARYANAD, UZHAMALACKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. --------------------------------------- W.P(c) No. 32728 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT Petitioner filed this writ petition alleging that execution in E.P. No.127 of 2006 in O.S. No.347 of 2005 was proceeding against him and warrant was issued, that he filed I.P. No. 1 of 2007 and that was dismissed vide Exhibit P2 order against which he preferred A.S.No. 43 of 2008 before the Sub Court, Thiruvananthapuram and also moved Exhibit P3 petition for stay of execution and the court is not passing any orders. Through Registry, it is got ascertained from the Sub Judge that notice was ordered in the stay petition as also in the appeal. Appellant did not take any steps to see that notice is served and however that there was no move from the side of the appellant for obtaining any stay order on stay petition. It is a clear case where the party, to avoid execution of the decree against him is resorting to get himself declared as an insolvent. But at the same time without doing what is necessary in the appeal, by making false allegations he is trying to obtain an order from this court to stay the execution till W.P(c) No. 32728 / 2008 2 orders are passed in the stay petition filed in A.S. No. 43 of 2008, knowing fully well that no order will be passed in A.S. No.43 of 2008, without taking steps or making motion in that behalf before the concerned court. This writ petition is ill-conceived and it is dismissed. K.P. BALACHANDRAN, JUDGE scm