IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 1660 of 2010(O) ------------------------- AGAINST THE ORDER DATED / / IN EP.70/06 IN TMCOS.1251/1998 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER(S): ---------------------- MOOSA P.M., S/O.PALLIPARAMBIL MUHAMMED, CHENDRAPPINNI DESOM, CHENDRAPPINNI VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): ------------------------ KSHEMA VILASAM KURI COMPANY LTD., SWARAJ ROUND, THRISSUR REPRESENTED BY MANAGER, PAUL. ADV. SRI.JIMMY JOHN VELLANIKARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 1660 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the proceedings of the Munsiff's Court, Kodungallur in E.P.No.70 of 2006 in T.M.C.O.S.No.1251 of 1998. Ext.P2 :- Copy of the application submitted before the Munsiff's Court by the petitioner. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- W.P.(C) No.1660 of 2010 --------------------------------- Dated this the 10th day of December 2010 J U D G M E N T Petitioner is the sixth Judgment Debtor in E.P.No.70/2006 in T.M.C.O.S.1251/1998. He was a surety for the loan obtained by the Judgment Debtors 1 and 2 from the respondent bank/Decree Holder. It was stated that he had remitted some amount towards the decree debt. For realisation of the balance amount, when warrant of arrest was issued, he filed this writ petition. 2. A petition was filed by him before the executing court to recall the warrant wherein, he offered to remit the balance amount at the rate of Rs.5,000/- per month. That plea was not considered by the executing court. In the petition, he sought to recall the arrest warrant issued W.P.(C) No.1660 of 2010 -: 2 :- against him and to allow him to remit the balance amount within three months. The writ petition was filed on 18.1.2010. Three months time sought for by him expired more than seven months back. He did not dispute his liability to pay the balance amount. Since the time sought for by him stood expired long back, this petition is only to be dismissed. Hence dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt