IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 23858 of 2008(M) --------------------------------------- PETITIONER: ------------------ R.PUSHPANGATHAN PILLAI, AGED 49 YEARS, S/O.G.RAGHAVAN PILLAI, MANGALASSERIL HOUSE, VENNALA P.O., KOCHI - 28. BY ADV. SRI.M.SASINDRAN RESPONDENT: ---------------------- K.MURALEEDHARAN, S/O.KESAVAN, SWAPNA VIHAR, THRIKODITHANAM VILLAGE, THRIKODITHANAM MURI, CHANGANASSERY TALUK, KOTTAYAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23858/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE EXECUTION PETITION DT. 12.12.07 ON THE FILE OF HONOURABLE PRINCIPAL MUNSIFF'S COURT, ERNAKULAM. EXT.P2:- COPY OF THE STATEMENT OF OBJECTIONS DT. 7.3.2008 FILED BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.23858 of 2008 ------------------------------- Dated this the 8th August, 2008. J U D G M E N T Petitioner is the judgment debtor and respondent the decree holder in O.S.No.232 of 2006 on the file of Munsiff Court, Ernakulam. E.P.No.626 of 2007 is filed for realisation of the decree debt by arrest and detention of the petitioner. An order of arrest was passed. This petition is filed under Article 227 of the Constitution of India challenging the order. 2. The learned counsel appearing for the petitioner and respondent were heard. 3. The learned counsel appearing for the petitioner submitted that petitioner is prepared to pay the entire decree debt within 30 days from today. The learned counsel appearing for the first respondent submitted that execution petition is posted to 22.8.2008, and if petitioner pays that amount, he will not be arrested. The writ petition is disposed directing the exeucting court to keep the order of arrest in abeyance for a period of 30 days W.P.(C) No.23858 of 2008 2 from today, on the petitioner, judgment debtor, filing an affidavit before the executing court to pay the entire decree debt before the expiry of 30 days from today. If the amount is not paid as undertaken, the executing court to implement the order of arrest. M.SASIDHARAN NAMBIAR, JUDGE nj.