IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 OP(C).No. 596 of 2010(O) ------------------------ AS.367/2008 of D.C. & SESSIONS COURT,KOLLAM OS.316/2006 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: ------------------------- JOSEPH VARGHESE, S/O. VARGHESE, PUTHENPURACKAL HOUSE, EDAKULANGARA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENT: --------------- VINCENT JOHN, S/O. JOHN, WEST PLAVILA, KALLELUBHAGOM, KARUNAGAPPALLY, KOLLAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.596 of 2010 --------------------------------------- Dated this 08th day of November, 2010 JUDGMENT Petitioner is the appellant in A.S.No.367 of 2008 of the court of learned District Judge, Kollam challenging the money decree in O.S.No.312 of 2006 of the court of learned Munsiff, Karunagappally. Petitioner filed an application for stay and the learned District Judge granted stay on condition on furnishing security. Petitioner filed Ext.P2, application on 17-09-2010 requesting to extent the time to comply with the order dated 22-02- 2010 on I.A.No.880 of 2009 (granting stay subject to furnishing security). Petitioner states that he is not able to furnish security of landed property since his only property has been mortgaged to a bank. Learned counsel states that petitioner is prepared to produce bank guarantee for the entire decreetal amount and seeks two months' time from this day. 2. This application should have been made before the learned District Judge where Ext.P3, order has been passed. Ext.P3, order state that petitioner is granted time till 23-10-2010 to comply with the order on I.A.No.880 of 2009. But I do not consider it necessary to relegate petitioner to the court of learned District O.P(C).No. 596 of 2010 : 2 : Judge for the same purpose. Hence I permit petitioner to produce bank guarantee (from a nationalised bank) for the entire amount due under the decree in the trial court. This shall be done within two months from this day. If bank guarantee is produced as aforesaid within sufficient time, it shall be treated as sufficient compliance with the order dated 22-02-2010 on I.A.No.880 of 2009 in A.S.No.367 of 2008 of the court of learned District Judge, Kollam. If petitioner wants any further direction in the matter he may move the learned District Judge, Kollam. Personal execution against petitioner will stand in abeyance for the said period of two months. This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-