IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24721 of 2010(O) -------------------------- AGAINST THE ORDER IN EP 67/06,EA 142/2010 IN OS.60/2005 of SUB COURT,NEYYATTINKARA .................... PETITIONER: --------------- SURENDRAN.L. S/O. LEKSHMANAN, MOHANA SOUDHAM, THALAYAL, ARALUMMOODU.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT: --------------- VIDHYADHARAN, S/O. KOCHURAMAN, DIVYARAMAM,KADAVATTARAM, NEYYATTINKARA, PIN-695018. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.24721 of 2010 --------------------------------------- Dated this 06th day of August, 2010 JUDGMENT Writ petitioner is judgment debtor in E.P.No.67 of 2006 in O.S.No.60 of 2005 of the court of learned Sub Judge, Neyyattinkara. Respondent obtained decree for payment of money on the strength of a dishonoured cheque and is proceeding with execution against petitioner. According to the petitioner, concerning the very same dishonoured cheque there was a private complaint in which he was convicted and sentenced. As per the order of this court in Crl.R.P.No.810 of 2009 petitioner has deposited Rs.3,05,000/- in the criminal court. It is also the case of petitioner that the said amount was withdrawn by respondent on 09-02-2010 but is still proceeding with execution. Hence petitioner filed E.A.No.142 of 2010 stating that he has deposited the said amount in the criminal court on 09-02-2010 and that amount was withdrawn by respondent. Petitioner wants an early disposal of E.A.No.142 of 2010. Having regard to the facts and circumstances of the case and urgency of the matter learned Sub Judge is directed to dispose of Ext.P3, E.A.No.142 of 2010 in E.P.No.67 of 2010 in O.S.No.60 of 2005 as W.P.C.No.24721 of 2010 : 2 : early as possible and before proceeding with further execution as prayed for by the respondent. Writ petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-