IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH SEPTEMBER 2007 / 23RD BHADRA 1929 WP(C).No. 27397 of 2007(J) -------------------------- AGAINST THE ORDER IN EP.17/2007 IN OS.1565/2002 of MUNSIFF COURT, KOLENCHERRRY .................... PETITIONER: ------------ SKARIA, AGED 65 YEARS, S/O. YLAHANNAN, VARAKUKALIYIL, B & B BHAVAN, FRIENDS COLONY, THIRUVANKKULAM. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT: ------------- RAMACHANDRA MENON,S/O. RAMAKRISHNAN NAIR KRISHNA VILAS, BRIDGE ROAD,ALUVA KARA, ALUVA WEST VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.Krishnan, J. ======================== W.P(C).No.27397 of 2007 ======================== Dated this the 14th day of September, 2007. JUDGMENT This Writ Petition is preferred against the order of the VI Additional District Judge, Ernakulam in I.A.No.3229 of 2007 in C.M.A.No.80 of 2007. The Writ Petitioner approached the court for setting aside the ex parte decree after condoning the delay. It was disposed of and the C.M.A. is filed against that order. An application for stay is filed in the C.M.A. Later the District Judge granted stay on depositing the balance decree amount deducting the amount already deposited before the Executing Court. 2. Order 41 Rule 5 of Code of Civil Procedure mandates that security has to be furnished to order a stay. Invoking that principle, I modify the order of the District Court and direct the Writ Petitioner to furnish security for the amount ordered less the amount already deposited before the Executing Court. The Writ Petitioner is granted one months' time to deposit the amount. Writ Petition is disposed of as above. M.N.Krishnan, Judge. ess 15/9