IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).NO. 22983 OF 2010(O) ------------------------------------------ EP.40/2008 OF MUNSIFF'S COURT, DEVICOLAM .................... PETITIONER(S): IST JUDGEMENT DEBTOR ---------------------------------------------------------------- MUNIYANDI, S/O.SOLLAMADAN, AGED 62 YEARS, H.NO.XVII/922, IKKANAGAR, MUNNAR P.O. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): DECREE HOLDER/STATE AS FORMAL PARTY -------------------------------------------------------------------------------------------- 1. THE CATHOLIC SYRIAN BANK, REP. BY THE MANAGER, CATHOLIC SYRIAN BANK, MUNNAR BRANCH, MUNNAR-685612. 2. STATE OF KERALA, REP. BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22983 of 2010 ==================================== Dated this the 22nd day of July, 2010 J U D G M E N T Writ Petitioner is the judgment debtor in E.P. No.40 of 2008 in O.S. No.287 of 2000 of the court of learned Munsiff, Devikulam. A decree for payment of money was passed in favour of respondent No.1 in the year 2001. Respondent No.1 initiated execution proceedings in the year 2008. Decree directed payment of Rs.43,162/- with interest at the rate of 21.75% per annum and costs. Stand of petitioner is that no further amount is due to respondent No.1 since the amount due has already been deposited with respondent No.1 as revealed from Ext.P1. It is also the case of petitioner that notwithstanding the statement filed in the executing court respondent No.1 has not cared to file a reply statement showing the amount if any due to it. Learned counsel for respondent No.1 states that as seen from Ext.P6 on 05.04.2010 respondent No.1 had filed a statement as per which amount due from petitioner is Rs.79,696/-. Exhibit P6 shows that on 05.04.2010 executing court ordered notice to the petitioner under Order XXI Rule 37 of the Code. W.P(C) No.22983 of 2010 -: 2 :- 2. If petitioner has filed a statement in the executing court showing the amount he has actually paid to respondent No.1, I make clear that it is open to respondent No.1 to file a reply statement showing the amount received and further amount if any due if such a statement has not already been filed. I make it further clear that in case on enquiry as to the means of petitioner it is revealed that he has sufficient means warrant shall be issued to the petitioner on ascertaining the actual amount due from petitioner. Writ Petition is disposed of with the above observations. THOMAS P. JOSEPH, JUDGE. vsv