IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 3959 of 2009(U) AGAINST THE ORDER DATED 16/12/2008 IN EA.311/08 IN EP.275/06 IN OS.43/2005 of MUNSIFF-MAGISTRATE COURT,PERINTHALMANNA PETITIONER: DECREE HOLDER ---------------------------- K.DAMODHARAN, S/O.LATE N.P.KUTTISANKARA MENON, 'ARADHANA', ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SHAMSUDIN RESPONDENT: JUDGEMENT DEBTOR ------------------------------- K.ALIKUTTY, S/O.KOMU, KALLUPALAM HOUSE, PERINTHALMANNA AMSOM DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3959 OF 2009 U ------------------------------------------------------ Dated this the 19th February, 2009 JUDGMENT The petitioner filed O.S.Nos.43 of 2005 and 89 of 2005, on the file of the Court of the Munsiff-Magistrate, Perinthalmanna, against the respondent for realisation of money. The suits were decreed. In execution, the respondent was sought to be arrested and detained. The respondent pleaded no means. The executing court rejected the plea of no means. Challenging the order of the executing court, the respondent filed W.P.(C) Nos.28410 of 2008 and 28461 of 2008, which were disposed of as per the common judgment dated 30.9.2008. The arrest warrant issued against the respondent was directed to be kept in abeyance on condition of his depositing a sum of Rs.15,000/- in each case. The amount was deposited. The petitioner filed an application before the court below to withdraw the amount. The court below passed the order dated 9.12.2008, holding that the High Court had directed only to deposit the amount and there was no direction permitting the decree holder to withdraw the amount. The order passed by the executing court is under challenge in this Writ Petition. W.P.(C) NO.3959 OF 2009 :: 2 :: 2. The deposit of Rs.15,000/- in each case, made by the judgment debtor was towards the decree debt. The decree holder was entitled to withdraw the amount. There is no justification for retaining the amount. Accordingly, Ext.P2 order passed by the court below withholding the amount is set aside. The court below shall release the amount to the petitioner/decree holder. The Writ Petition is allowed as above. (K.T.SANKARAN) Judge ahz/