IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2102 of 2008(A) ------------------------- AGAINST THE ORDERS IN EP 122, 127, 129, 131, 133 & 134/2006 IN OS.361, 362, 369, 346,341 & 342/2002 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONERS: ------------------ 1. K.R.VIJAYAN, S/O.RAMANKUTTY, KALUNKUTHARAYIL, VALIYA AREEKKAMALA, ERUVESSY VILLAGE, KANNUR DISTRICT. 2. K.V.RAMANKUTTY, S/O.VAVA, KULUNKUTHARAYIL, VALIYA AREEKKAMALA, ERUVESSY VILLAGE, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT: --------------- MATHEW MATTATHINANIKKAL, S/O.MATHEW, FOREMAN OF ST.MARY'S CHITTY FUND, ERUVESSY AMSOM, DESOM, CHEMPERI POST, TALIPARAMBA TALUK. BY ADV. SRI. GEORGE MECHERIL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2102 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2008. J U D G M E N T This writ petition is filed against the common order passed by the Munsiff, Taliparamba in execution petitions arising out of O.S. Nos.361, 362, 369, 346, 341 and 342 of 2002. In all these cases the Court found that the respondents are having means to pay and therefore ordered arrest. A perusal of the order would reveal that in spite of repeated opportunities writ petitioners did not adduce any evidence and ultimately the Court perused the evidence of PW1 and Exts.A1 to A4 and ordered arrest. 2. The learned counsel for the revision petitioners submits before me that his clients have filed applications for recalling the warrant as well as for permitting to adduce evidence and it may be considered before executing the warrant of arrest. The conduct of writ petitioners are not above suspicion and they have not properly prosecuted the W.P.C 2102 OF 2008 -:2:- matter and therefore leniency can be shown only on certain conditions. Therefore the writ petition is disposed of as follows. (1) If the writ petitioners deposit an amount of Rs.10,000/- before the Court below within a period of one month from today, the writ petitioners' request to permit them to adduce evidence regarding no means be granted by the Court below and if not, to proceed further with the execution of the arrest warrant. Since I have given a month's time for making the deposit of Rs.10,000/- they shall not be arrested during that period and the permission to withdraw the amount by the decree holder be done only after the means is proved in the case. Parties are directed to appear before the Court below on 7.2.2008. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-