IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 15529 of 2008(W) --------------------------------------- OS.2177/1997 of PRL.M.C.,TRIVANDRUM .................... PETITIONER : ------------------ G.SASIDHARAN NAIR, S/O.GOPALA PILLAI RESIDING AT ERATHU VEEDU,VAMANAPURAM PO., NEDUMANGAD TALUK, THIRUVANANTHAPURAM BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT : -------------------- V.SUKUMARAN NAIR, S.O.VELAYUDHAN PILLAI RESIDING AT PASANTH, SUBHASH LANE, NEAR D.M.CONVENT, PONGUMOODU,THIRUVANANTHAPURAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15529 of 2008(W) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE INTERIM ORDER OF STAY IN R.S.A.NO.1131/2005 DATED 27.09.2006 EXT.P2: TRUE COPY OF THE EXTENDED ORDER OF STAY IN R.S.A.NO. 1131/2005 DATED 19.01.2007 EXT.P3: TRUE COPY OF THE ORDER IN E.A.NO.467/07 IN E.P.NO.296/06 IN O.S.NO.2177/97 ON THE FILE OF THE COURT OF THE MUNSIFF OF THIRUVANANTHAPURAM DATED 12.04.2007 -TRUE COPY- P.A. TO JUDGE pac M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO.15529 OF 2008 ------------------------------------------ Dated this the 18th day of July, 2008 JUDGMENT Petitioner is the first judgment debtor in O.S.2177 of 1997 on the file of Munsiff Court, Thiruvananthapuram. Challenging the dismissal of the first appeal petitioner filed R.S.A. 1131 of 2005. Ext.P1 order was passed in the first appeal granting interim stay of execution of the decree under Rule 5 of Order XLI of Code of Civil Procedure on condition that petitioner furnishes security for the decree amount to the satisfaction of the trial Court. Under Ext.P2 the order of stay was later extended to until further orders. Petitioner filed E.A. 467 of 2007, to lift the order of attachment on furnishing security. Under Ext.P3 order, the petition was dismissed. The order is challenged in this petition filed under Article 227 of Constitution of India. 2. Learned senior counsel appearing for petitioner and learned counsel appearing for respondent were heard. 3. Learned senior counsel submitted that petitioner may be permitted to furnish bank guarantee for the decree debt WPC15529/08. 2 before the trial Court and order of attachment may be lifted. Learned counsel appearing for respondent submitted that if bank guarantee is furnished, it is to be valid till the disposal of the appeal and realization of the decree debt. 4. In such circumstances the writ petition is disposed. Principal Munsiff Court, Thiruvananthapuram is directed to lift the order of attachment if petitioner furnishes sufficient bank guarantee for the entire amount covered under the decree passed in O.S. 2177 of 1997. On furnishing the bank guarantee as security, Munsiff to lift all orders of attachment passed in O.S. 2177 of 1997. M. SASIDHARAN NAMBIAR, JUDGE Okb/-