IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 8264 of 2009(O) E.P.NO.228/2008 IN OS.722/2006 OF I ADDITIONAL MUNSIFF'S COURT, NEYYATTINKARA PETITIONER: JUDGMENT DEBTOR/DEFENDANT ---------------------------------------- CHELLAYYAN NADAR MICHAYEL, S/O. CHELLAYYAN NADAR, MANALIVILA PUTHEN VEEDU, KUNNATHUKAL VILLAGE, MALAYILKAVU, TRIVANDRUM. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT: DECREE HOLDER/PLAINTIFF -------------------------------------- BABY D/O. ROSE, AJI VILASOM, APPUKONAM, KOOTHALI, VELLARADA DESOM, VELLARADA VILLAGE, TRIVANDRUM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 8264 OF 2009 O ------------------------------------------------------ Dated this the 3rd April, 2009 JUDGMENT The judgment debtor in O.S.No.722 of 2006, on the file of the I Additional Munsiff's Court, Neyyattinkara is the writ petitioner. It is stated that an exparte decree was passed. The writ petitioner filed an application to set aside the exparte decree. It is stated that the application was allowed on condition of payment of costs of Rs.500/-. The petitioner failed to pay the costs. Later, he filed an application to exempt him from payment of costs. That application was dismissed. Execution proceedings were initiated by the decree holder. The prayer in the Writ Petition is to stay the further proceedings in the Execution Petition. On what ground the petitioner prays for stay of execution is not mentioned in the Writ Petition. It is stated that a warrant is issued against the petitioner. I do not think that the prayer made by the petitioner in the Writ Petition is maintainable. The Writ Petition is accordingly dismissed. The dismissal of this Writ Petition would not preclude the petitioner from seeking appropriate remedies before the appropriate forum. (K.T.SANKARAN) Judge ahz/