IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 18011 of 2009(O) --------------------------------------- (E.P. NO. 326/2008 IN OS.850/2001 OF PRL.MUNSIFF COURT, PALAKKAD) .................... PETITIONER: ------------------- KRISHNANKUTTY, S/O.KUNJUMANI, AGED 35 YEARS,VISWAKARMA NAGAR, KAMMANTHARA, PALLIPURAM, PALAKKAD TALUK AND DISTRICT. BY ADVS. SRI.RAJESH SIVARAMANKUTTY, SMT.A.PREMAKUMARI. RESPONDENT: ---------------------- A.JAMES, S/O.ABEL, AGED 60 YEARS, MEPPARAMBA MISSION COMPOUND, PALAKKAD TALUK & DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18011/2009-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE E.P. NO. 326/2008 IN O.S. NO. 850/2001 OF MUNSIFF COURT, PALAKKAD DTD. 14/08/2008 FILED BY THE RESPONDENT AGAINST THE PETITIONER. EXT.P.2: COPY OF THE OBJECTIONS TO EXT.P.1. FILED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.18011 of 2009 - O --------------------------------- Dated this the 20th day of July, 2009 J U D G M E N T This writ petition has been filed challenging an order purported to have been passed by the learned Principal Munsiff, Palakkad. Petitioner has raised a plea of no means to resist the execution proceeded against him on the basis of a decree for money. On the date, when his evidence was recorded, after closing of his evidence, the learned Munsiff passed an order for issuing warrant against him for the reason that he was not available for further examination. His evidence was also directed to be eschewed from consideration, is the case of the petitioner. Though no order was produced with the writ petition, having regard to the grievances raised, the petition was admitted and interim stay was ordered subject to a condition to deposit a sum of Rs.20,000/- towards the decree debt payable. He was also directed to produce copy of the order impugned in the writ petition, within two weeks. The admission of the writ petition and orders as above were passed on 29.6.2009. A report was also called from the learned Munsiff to examine the allegations raised in the petition. Learned Munsiff has reported that the W.P.(C).No.18011 of 2009 - O 2 petitioner was recalled for further examination, but, despite several opportunities given, he did not appear. So much so, for the limited purpose of procuring his presence arrest warrant was issued. It is also reported that he has not applied for issue of a carbon copy and that application was submitted with an emergent petition on 26.6.2009, which appears to be the date on which the writ petition was filed before this Court. Though I do not approve the issue of the warrant by the learned Munsiff as against the petitioner/judgment debtor, the circumstances presented indicate that even after obtaining order of interim stay from the court that too without applying for getting a copy of the order passed by the court before filing of the petition, the petitioner has not cared to collect and produce the order of the court below. In the circumstances, reserving the right of the petitioner to challenge the order passed by the learned Munsiff, if so advised, after its production, by filing a fresh petition, the present writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-