IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17730 of 2009(O) -------------------------- AGAINST THE ORDER IN IA.385 & 386/2009 IN AS.91/2009 of PRINCIPAL DISTRICT COURT, PALAKKAD EP.360/2008 of PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONER(S): --------------- SYED MOHAMMED, S/O. HYDRU, AGED 38 YEARS THE MANAGER, M/S.THEYYAMPATTIL JEWELLERS, G.B. ROAD, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- HARIDAS MENON, S/O. KESAVA MENON, VARIYATH HOUSE, NELLAEPALLY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.17730 OF 2009 () ----------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T The writ petition is filed by the judgment debtor in E.P.No.360/2008 in O.S.No.165/2005 on the file of the Munsiff Court, Chittoor, which is now being executed, on transfer, by the Munsiff Court, Palakkad. The respondent is the decree holder/plaintiff in the suit mentioned above. Suit was one for money. Petitioner/judgment debtor, it is stated, has preferred an appeal against the decree before the Principal District Court, Palakkad and the appeal numbered as A.S.No.91/2009 is stated to be taken on file. Since there was delay in moving that appeal, petition filed to condoning the delay, after appearance of the respondent, it is stated, is pending for enquiry. Meanwhile, the respondent/decree holder is taking hasty steps for execution moving for attachment of the movables of the petitioner/judgment debtor, who is conducting a jewellary shop, is the grievance canvassed for invoking the supervisory jurisdiction of this Court vested under Article 227 of the Constitution of India, for issue of a direction to the WPC.17730/2009 2 Principal District Judge, Palakkad to hear and dispose of the delay petition moved in the appeal as expeditiously as possible and a further direction to the Principal Munsiff Court, Palakkad to keep in abeyance the execution proceedings in the aforesaid E.P., till the delay condonation petition is disposed on merits. Having regard to the submissions made by the learned counsel for the petitioner and taking note of the facts and circumstances presented, I find notice to the respondent is not necessary, and dispensed with. At the time of hearing, the learned counsel for the petitioner submitted that he is prepared to deposit the entire decree amount claimed in the E.P., excluding the interest and expenses, that is, a sum of Rs.40,500/-, to avoid the attachment against the movables proceeded before that court for extending a grace period to get an order on the delay petition moved in the appeal. Considering the submissions made, I direct the learned Principal District Judge to hear and dispose of Ext.P2 application, and subject to the result of that application, Ext.P3 application as well, within a period of three weeks from the date of receipt of a copy of this judgment. The learned Munsiff, Palakkad shall keep in abeyance the proceedings WPC.17730/2009 3 taken for attaching the movables of the petitioner/judgment debtor in the above E.P. for a period of six weeks on condition of the petitioner depositing a sum of Rs.40,500/- towards decree debt within a period of one week from the date of this judgment. Release of the deposited amount shall be subject to orders, if any, passed by the Principal District Court, Palakkad in the appeal preferred by the judgment debtor. In case the delay petition and appeal not entertained, it will be open to the decree holder to get release of the amount without any further orders from any court. Writ petition is disposed of as above. Communicate a copy of the judgment to the Principal District Court, Palakkad and also the Principal Munsiff Court, Palakkad forthwith. Handover a copy of the judgment to the counsel for both sides on usual terms. S.S.SATHEESACHANDRAN JUDGE prp WPC.17730/2009 4 S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009