IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 32579 of 2009(O) -------------------------- AGAINST THE ORDER DATED 29/07/2009 IN IA 454/09 IN AS.55/2009 of ADDL. DISTRICT COURT-II, MAVELIKKARA .................... PETITIONER: --------------- PRABHA D/O. THANKAMMA, AGED 43 YEARS HARIKRISHNA FROM PATTATHI THARAYIL MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. MR.B.RENJITHKUMAR RESPONDENT: --------------- SURESH KUMAR, KUTTIYIL THEKKETHIL MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. ADV. MR.V.N.ACHUTHA KURUP, SENIOR ADVOCATE FOR R MR.B.S.SWATHY KUMAR FOR R MR.K.HARILAL FOR R MR.BINDU SREEKUMAR FOR R MR.LEELA MURALI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32579 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: JUDGMENT DATED 29.11.2008 IN O.S.NO.265/2005 OF THE HON'BLE MUNSIFF COURT, HARIPAD. EXT.P2: ORDER DATE 29.7.2009 IN I.A.NO.454/2009 IN A.S.NO.55/2009 OF THE ADDL.DISTRICT JUDGE-II, MAVELIKARA. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.32579 of 2009 - O --------------------------------- Dated this the 11th day of December, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To issue a writ of certiorari or other appropriate writ, order or direction to quash the condition in Exhibit P2 directing to deposit Rs.15,000/- (Rupees fifteen thousand only).” 2. Petitioner is the appellant in A.S.No.55 of 2009 on the file of the Additional District Court II, Mavalikkara. She suffered a decree of eviction in O.S.No.265 of 2005 which was instituted by the respondent/plaintiff. The appeal is preferred challenging the correctness of the decree and judgment rendered by the learned Munsiff. In the decree apart from the eviction ordered appellant/defendant had also been directed to pay Rs.500/- per month towards the use and occupation of the building from the date of the suit. In the appeal an application was moved under Order XLI Rule 5 of the CPC to stay the operation of the decree. The learned District Judge allowed that application directing deposit of Rs.15,000/- as a condition precedent for the stay of operation of the decree. Ext.P2 is that order. Propriety and W.P.(C).No.32579 of 2009 - O 2 correctness of Ext.P2 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the learned counsel on both sides. 4. Having regard to the submissions made and taking note of the facts and circumstances presented that petitioner is living separately from her husband, and the plea raised by her counsel that she is in penurious circumstances, I find a modification of the quantum of the amount fixed is warranted. Petitioner is directed to deposit Rs.7,500/- before the court below in modification of sum of Rs.15,000/- fixed by the learned District Judge under Ext.P2 order, within one month from the date of this judgment. Learned District Judge is also directed to hear and dispose the appeal before closing of the courts for the summer vacation, 2010. Writ petition is disposed as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-