IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 OP(C).No. 886 of 2010(O) ------------------------ AGAINST THE ORDER IN IA 1067/2010 & IA 1068/10 IN AS.89/2002 of SUB COURT, VADAKARA OS.141/2001 of PRINCIPAL MUNSIFF COURT-I,KOZHIKODE .................... PETITIONER(S): -------------------- V.ANILKUMAR, S/O.CHATHUKUTTY, 42 YEARS OF AGE, TRADER, KANNANKARA AMSOM, CHELANNUR DESOM OF KOZHIKODE TALUK, KOZHIKODE. BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE RESPONDENT(S): --------------- 1. ABDUL KAREEM, 51 YEARS OF AGE, S/O.ABDUL RAHIMAN, TRADER, R/AT PALARI HOUSE, KANNUMMMAKKARA AMSOM, NELLANCHERI DESOM, VADAKARA TALUK, KOZHIKODE-673571. 2. SUHARA, W/O.ABDUL KAREEM, 41 YEARS OF AGE, R/AT PALARI HOUSE, KANNUMMMAKKARA AMSOM, NELLANCHERI DESOM, VADAKARA TALUK, KOZHIKODE-673571 REPRESENTED BY P.A. HOLDER HUSSAIN HAJI, S/O.ABDU REHIMAN, 41 YEARS OF AGE, R/AT PALARI HOUSE, KANNUMMMAKKARA AMSOM, NELLANCHERI DESOM, VADAKARA TALUK, KOZHIKODE-673571. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.886 of 2010 -------------------------------------- Dated this the 26th day of November, 2010. JUDGMENT This petition is filed by the judgment debtor in E.P.No.322 of 2007 in O.S.No.141 of 2001 of the court of learned Principal Munsiff-I, Kozhikode. Though petitioner had made a challenge to the execution of decree in this Court in W.P.(C) No.26094 of 2010 that challenge did not seen succeeded. Now there is a warrant of arrest issued to the petitioner. In the meantime, challenging the judgment and decree petitioner filed A.S.No.89 of 2002 in the court of learned Sub Judge, Vadakara. But the appeal was dismissed for the reason “no instruction”. After about 60 months petitioner filed I.A.Nos.1067 of 2010 and 1068 of 2010 for redeeming the appeal and to condone the delay. This petition is for a direction for early disposal of the said applications and in the meantime to keep the warrant of arrest in abeyance. Learned counsel submits that petitioner is prepared to deposit some amount in the executing court as a condition for granting stay of execution proceedings. 2. This is a case where the suit was filed in the year 2001 and respondents/decree holders have not been able to realise the fruits of decree even now for one reason or the other. It is about 60 months back that petitioner got the appeal dismissed as not pressed and now, applications are filed for re- admission of the appeal and for condonation of delay. I do not think that it is OP(C) No.886/2010 2 necessary to grant any relief so far as execution proceeding is concerned. But I direct learned Sub Judge, Vadakara to dispose of I.A.Nos.1067 of 2010 and 1068 of 2010 in A.S.No.89 of 2002 at the earliest considering the fact that petitioner is facing a warrant of arrest. So far as the submission of learned counsel that he is prepared to deposit a portion of the decree amount in the executing court is concerned, I make it clear that petitioner can make a request in that line in the executing court and the executing court may consider the request and pass appropriate orders in that regard as provided under law. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks