IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 9410 of 2007(T) ------------------------- PETITIONER: --------------- ADMOND KURIES & LOANS (P) LTD, POOCHAKULAM,CHELOOR,REPRESENTED BY MANAGING DIRECTOR A.T. VARGHESE,S/O.ERRUMANOOKKARAN THOMAS, MANDESWARAM,IRINJALAKUDA. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): --------------- 1. JACOB,S/O.CHEMMANDAKKARAN JOHN, KOTTANELLOOR VILLAGE,DESOM,MUKUNDAPURAM TALUK. 2. GRACY,W/O.CHEMMANDAKARAN JACOB,-DO- THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1: True copy of the decree in O.S. No.831/2001 of the Munsiff Court, irinjalakuda dated 29.05.2002 Ext.P2: True copy of the execution petition dated 11.01.2005 in O.S. No. 831/2001 Ext.P3: true copy of order in E.P. No. 65/2005 in O.S. No. 831/2001 dated 05.01.2007 //true copy// es HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No.9410 of 2007 ---------------------------------------- Dated this the 21st day of January , 2009 JUDGMENT The Petitioner is the decree holder in O.S. 831/01 on the file of the Munsiff Court, Irinjalakuda. The respondents are the judgment debtors. Ext.P1 is the copy of the decree for money passed in favour of the decree holder in O.S. No. 831/2001. When the 1st respondent/1st Judgment Debtor was arrested and produced before the court below the petitioner/ the decree holder submitted that the E.P may be dismissed reserving his right to file a fresh E.P. The court below dismissed the E.P. vide Ext.P3 order and observed that the petitioner cannot file a fresh execution petition for recovering the balance decree debt. Ext.P3 is under challenge. The learned counsel for the petitioner pointed out that going by the provisions of Order 21 C.P.C and the Limitation Act the petitioner/decree holder has got every right to execute the decree within a period of 12 years from the date of decree and there is no prohibition regarding filing of execution petition for a number of times. In the circumstances, I feel that the request of the petitioner/ decree holder is reasonable. Ext.P3 order is confirmed with liberty to the petitioner/decree holder to file a fresh E.P. This writ petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 9410 of 2007 ---------------------------- JUDGMENT 21st January , 2009