IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 31523 of 2009(O) -------------------------- OS.230/1988 of PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER(S): -------------------------- A.PARAMESWARAN S/O.ANDI, PARASSERI HOUSE PARAVOORTHARA, NORTH PARUR, ERNAKULAM DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): -------------------------- MAHALAKSHMI FINANCE, ALUVA REP BY ITS MANAGING PARTNER V.K.RAMAKRISHNAN, S/O.RAMANARAYANAN NAIR LAKSHMI NIVAS, BANK JUNCTION, ALUVA. ADV. SRI.GOPAKUMAR G. (ALUVA) FOR R1 SMT.ANUPAMA JOHNY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP.(C) NO.31523/2009 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE EXECUTION PETITION FILED BY THE PLAINTIFF DECREE HOLDER IN EP NO.63/2002 EXT.P2 TRUE COPY OF THE OBJECTION FILED UNDER ORDER 21 RULE 22 CPC BY THE PETITIONER EXT.P3 TRUE COPY OF THE AFFIDAVIT FILED BY THE DECREE HOLDER IN SUPPORT OF THE PETITION TO ISSUE WARRANT OF ARREST. EXT.P4 TRUE COPY OF THE NOTICE ISSUED BY THE LEARNED SUB JUDGE UNDER ORDER 21 RULE 37 CPC /TRUE COPY/ PA TO JUDGE V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.31523 of 2009 = = = = = = = = = = = = = = Dated this the 27 th day of January, 2010 JUDGMENT Heard both sides. 2. The writ petitioner is the judgment debtor in O.S.No.230 of 1998 on the file of the Sub Court, Paravur. The plaintiff, decree holder filed E.P.No.63 of 2002 after the dismissal of E.P.Nos.214 of 1996 and 288 of 1998, one as not pressed and the other for default. The petitioner claims to have filed Ext.P2, objection under Order XXI Rule 22 C.P.C and his grievance is that without considering his objection and passing orders therein, the court below has issued Ext.P4 notice under Order XXI Rule 37 C.P.C. 3. The learned counsel for the respondent would submit that it is a composite order passed by the court below by passing an order on Ext.P2 objection and ordering notice under Order XXI Rule 37 C.P.C. 4. The court below was bound to consider the objection and pass a speaking order before issuing notice under Order XXI W.P.(c)No.31523 of 2009 2 Rule 37 C.P.C That has not been done. The court below shall therefore pass a speaking order on Ext.P2 objection and in case if the petitioner's objection is overruled, then only the court below can proceed to the issue a notice under Order XXI Rule 37 C.P.C. The notice already issued under Order XXI Rule 37 C.P.C will be of no avail. 5. The court below shall pass speaking orders on Ext.P2 objection within two weeks of receipt of a copy of this judgment. The parties shall appear before the court below without any further notice on 8.02.2010. This writ petition is disposed of as above. Dated this the 27 th day of January, 2010. V. RAMKUMAR, JUDGE sj