IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 17332 of 2009(O) --------------------------------------- OS.NO.5/2004 OF SUB COURT, THIRUVALLA. .................... PETITIONERS: --------------------- 1. M/S.JASGO CONSTRUCTIONS COMPANY (P)LTD.,HAVING ITS REGISTERED OFFICE AT SREE BHAVAN,NO.2,MATHIL BHAGAOM, THIRUVALLA VILLAGE&TALUK-689101,REPRESENTED BY ITS MANAGING DIRECTOR, N.GANGADHARAN NAIR, FORMELY RESIDING AT SREE BHAVAN, NO.4, MATHIL BHAGOM,THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT AND NOW RESIDING AT ARCHANA,V.G.NO.4,TC.39/21,VRINDAVAN GARDENS, CHALAI, THIRUVANANTHAPURAM DISTRICT. 2. N.GANGADHARAN NAIR,AGEED 62 YEARS.,S/O.LATE NARAYANA PILLAI, WORKING AS MANAGING DIRECTOR, M/S.JASGO CONSTRUCTIONS CO.(P)LTD., HAVING REGISTERED OFFICE AT SREE BHAVAN, NO.2,MATHIL BHAGOM,THIRUVALLA VILLAGE, THIRUVALLA TALUK-689101 FORMERLY RESIDING AT SREE BHAVAN,NO.4,MATHIL BHAGOM, THIRUVALLA VILLAGE, THIRUVALLA TALUK-689101 AND NOW RESIDING AT ARCHANA, V.G. NO. 4, T.C. 39/21, VRINDAVAN GARDENS, CHALAI, THIRUVANANTHAPURAM DIST. BY ADVS. MR.V.AJAKUMAR, MR.T.M.CHANDRAN. RESPONDENT: ---------------------- V.S.JOHN,AGED 69 YRS.,S/O.P.J.SAMUEL, VATTAKUNNEL HOUSE,RANNY, C/O.KUNNIL HOUSE, THOTTABHAGOM,THIRUVALLA,NOW RESIDING AT 2013,MARK LAND, IRVING TEXAS 75060,USA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.SOBERS ABRAHAM, KUNNIL HOUSE, THOTTABHAGOM, KAVIYOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.17332 of 2009 - O --------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following relief: “To pass a writ of certiorari or any other writ order or direction quashing Exhibits P8 and P9 orders passed by the Honourable Sub Court, Thiruvalla in E.P.No.57/2006 in O.S.No.5/2004.” 2. Petitioners are the defendants in O.S.No.5/2004 on the file of the Sub Court, Thiruvalla. Suit was one for money and the respondent the plaintiff in the suit. Suit was decreed in favour of the respondent, and challenging the decree and judgment passed in that suit, the present petitioners preferred an appeal as R.F.A.No.158/200 before this Court, and it is stated to be pending. In that appeal petitioners moved an application for stay of the execution of the decree which is granted subject to the direction to furnish security. According to the petitioners they have furnished security as directed by this Court. But ignoring the security so furnished, the execution court has passed W.P.(C).No.17332 of 2009 - O 2 Ext.P9 order issuing warrant against them. Propriety and correctness of that order is impeached in this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. Having heard the counsel for the petitioner at length and considering the facts and circumstances involved with reference to the materials produced in the writ petition, I find the petitioner has to approach the court where his appeal is pending, if there is any violation of the stay orders issued by that court in executing the decree passed by the court. Subject to the above observation, this writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-