IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No.1263 of 2009(A) -------------------------------- E.P.80/08 IN O.S.149/99 OF PRL. M.C., KOLLAM .................... PETITIONER: --------------- G. VINOD, S/O. GANGADHARAN, PATTATHUVILA VEEDU, KADAPPAKKADA, KOLLAM. BY ADV. SRI.WILSON URMESE RESPONDENT: ----------------- J. SPADIKAM, S/O. JANARDHANAN, BRAHMA VILASOM, ASRAMAM, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.1263 of 2009 ------------------------------------------------ Dated this the 13th day of January, 2009 JUDGMENT Petitioner is the second judgment debtor in O.S.149/99 on the file of the Principal Munsiff's Court, Kollam. For execution of the decree E.P.80/08 was filed by the respondent/ decree holder. The prayer for personal execution was allowed. 2. It is contended before me by the learned counsel for the petitioner/second judgment debtor that he filed objection to the Rule 37 notice setting up plea of “no means” to pay the decree debt and that without considering his objection, the execution court ordered warrant against the petitioner observing that no payment was effected and therefore, the petitioner filed E.A.524/08 for reviewing the said order dt.23/10/08 and that while, the review petition (Ext.P1) is pending W. P. C. No.1263 of 2009 -2- the court below vide Ext.P2 has observed that warrant is returned unexecuted and posted the E.P with Ext.P1 E.A filed by him to 14/01/09. 3. I fail to understand what is the grievance of the petitioner. As matters stand, warrant is returned unexecuted and the E.P is adjourned to 14/01/09 along with Ext.P1 application (E.A.524/08) filed by the petitioner for review of the order directing issuance of warrant. This Writ Petition is only an abuse of the process of court and designed to protract the proceedings in the court below. 4. In the result, I dismiss this Writ Petition. K.P.BALACHANDRAN, JUDGE kns/-