IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 37327 of 2009(O) -------------------------- AGAINST THE ORDER DATED 15/12/2009 IN IA 1528/2009 IN AS.300/2009 of ADDL.DISTRICT COURT,KOTTAYAM OS.226/2007 of ADDL.SUB COURT,KOTTAYAM .................... PETITIONER: --------------- TOM ZACHARIAS, KOVUKUNNEL, AYARKUNNAM, KOTTAYAM. BY ADV. MR.S.ANANTHAKRISHNAN MR.N.K.SUBRAMANIAN RESPONDENT: --------------- JAMES K.ZACHARIAS, KOVUKUNNEL, AMAYANNOOR P.O., AMAYANNOOR KARA, AYARKUNNAM VILLAGE, KOTTAYAM. ADV. MS.S.K.DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37327 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: JUDGMENT IN O.S.NO.226/2007. EXT.P2: ORDER IN I.A.NO.1528/2009 EXT.P3: EXECUTION APPLICATION AND THE NOTICE OF EXECUTION IN O.S.NO.226/2007. RESPONDENT'S EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.37327 Of 2009 ---------------------- Dated this the 16th day of September, 2010. J U D G M E N T The writ petition is filed under Article 227 of the Constitution of India. Ext.P2 interim order is under challenge. Petitioner is the defendant in O.S.No.226 of 2007 of the Additional Sub Court, Kottayam and the appellant in A.S.No.300 of 2009 of the Additional District Court, Kottayam. His petition praying to stay the execution of the decree stands disallowed by Ext.P2 order. This Court by interim order dated 23.12.2009 stayed the execution of the decree in the suit on condition of the petitioner depositing the amount claimed as mesne profits and costs, a sum of Rs.45,828/- before the execution court, within four weeks from the date of order. The learned counsel for the petitioner submitted that the amount has been deposited on 18.1.2010. In the light of the interim order passed by this Court, this Court is of the view that the matter need not be considered on merits. The writ petition is disposed of with the direction that the interim order passed by this Court shall continue till the disposal of the appeal. HARUN-UL-RASHID, Judge. bkn/-