IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 9560 of 2009(O) AS.298/2008 ON THE FILE OF THE DISTRICT COURT,THIRUVANANTHAPURAM E.A.NO.52 OF 2009 IN E.P.NO.29 OF 2008 IN O.S.NO.34 OF 2006 OF SUB COURT, NEDUMANGAD PETITIONER: 2ND JUDGMENT DEBTOR: RASSAL RAUJ, S/O.DAVID, DAYINS BHAVAN, KUTTICHAL P.O., MANNOORKARA VILLAGE, NEYYATTINKARA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: DECREE HOLDERS: 1. MEERA SAHIB, S/O.MUTHUKANNU, HASHIM MANZIL, KUTTAMALA, AMBOORI, NEYYATTINKARA. 2. N.SURESH KUMAR, S/O.NEELAKANTAN NAIR, SURESH BHAVAN, MANGALACKAL, PLAVOOR P.O., KATTAKADA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 9560 OF 2009 O ------------------------------------------------------ Dated this the 3rd April, 2009 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to the respondents. When the Writ Petition came up for admission, the following order was passed on 25.3.2009: “After hearing the learned counsel for the petitioner, I am not inclined to admit the Writ Petition, for the present. E.A.No.52 of 2009 (Ext.P1) filed by the petitioner is pending before the executing court. He stated that it is posted to 28.3.2009. Post on 2nd April, 2009.” The petitioner is the judgment debtor in E.P.No.29 of 2008 in O.S.No.34 of 2006, on the file of the Sub Court, Nedumangad. The decree is for realisation of money. Against the judgment and decree of the trial court, the petitioner states that he has filed A.S.No.298 of 2008 before the I Additional District Court, Thiruvananthapuram. The appeal is posted to 21.5.2009. Meanwhile, Execution Petition was filed and a warrant for arrest of the petitioner was issued. The W.P.(C) NO.9560 OF 2009 :: 2 :: case of the petitioner is that he was not served with any notice in the Execution Petition. The petitioner filed Ext.P1 application dated nil, praying that the proceedings in the execution may be stayed till the Appellate Court takes a decision on the stay petition in the appeal filed by the petitioner. It would appear that the executing court did not pass any order on Ext.P1 and, at that time, the Writ Petition was filed for the following reliefs: “i) direct the Subordinate Judge's Court, Nedumangad not to take any coercive steps against the petitioner in E.A.No.52/2009 in E.P.No.29 of 2008 in O.S.No.34 of 2006 until I.A.No.4346 of 2008 in A.S.No.298 of 2008 is considered on merits by the District Court, Thiruvananthapuram. ii) issue such other writ, direction or order as is deemed just and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the executing court has recalled the warrant issued against the petitioner. The appeal filed by the petitioner is posted to 21.5.2009. Since the warrant is recalled, I do not think, it is necessary to admit the Writ Petition and issue notice to the respondents. The petitioner may move the executing court for appropriate orders in Ext.P1, in which event, the executing court shall consider the same after W.P.(C) NO.9560 OF 2009 :: 3 :: affording an opportunity of being heard to the respondents and shall pass appropriate orders. The Writ Petition is closed with the above observations. (K.T.SANKARAN) Judge ahz/