IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 OP(C).No. 224 of 2010(O) ---------------------- EP.NO. 475/03 IN OS. 26/01 AND EP. 26/04 IN OS.27/01 OF SUB COURT, MUVATTUPUZHA ................. PETITIONER : ------------------ BENNY P. MARKOSE, AGED 53 YEARS, S/O. MARKOSE MANJAKADAMBIL, PULPARA HOUSE, MANNATHOOR KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA TALUK BY ADVS. SRI.R.AZAD BABU SRI.P.V.ABRAHAM SMT.LEELAMMA GEORGE ABRAHAM SRI.PRATAP ABRAHAM VARGHESE RESPONDENT(S): ------------------------- 1. THE CATHOLIC SYRIAN BANK LTD KOOTHATTUKULAM BRANCH REP.BY ITS BRANCH MANAGER, KOOTHATTUKULAM, PIN – 686 662. 2. BENCY ISAC, AGED ABOUT 45 YEARS, W/O.ISAC PROPRITRIX, ST.MARY'S KURIES & FINANCE, CENTER JUNCTION, MARKET ROAD, KOOTHATTUKULAM – 686 662. 3. JOHNY,AGED 51 YEARS, S/O.MATHAI, KANDATHIN KARA, PUTHENPURAYIL, EDATHIL HOUSE, KOZHIPPILLY, PLAKUZHA VILLAGE, MUVATTUPUZHA TALUK – 686 661 4. ROY PHILIP, AGED ABOUT 44 YEARS, S/O.PHILIP KUNNUMMEL, MANNATHOOR KARA, THIRUVAMARADY VILLAGE, MUVATTUPUZHA TALUK – 686 661. 5. SALIMON U.K.,AGED ABOUT 48 YEARS, S/O.KURUVILA, URUMBIL HOUSE KOOTHATTUKULAM KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK – 686 662. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== O.P(C) NO.224 of 2010 ==================================== Dated this the 07th day of October, 2010 J U D G M E N T Petitioner has suffered a decree for payment of money in O.S. Nos.26 and 27 of 2001 of the court of learned Sub Judge, Muvattupuzha and is facing execution in E.P. Nos.475 of 2003 and 26 of 2004, respectively. In the meantime petitioner has preferred I.P. No.2 of 2010 in the court of learned Sub Judge, Muvattupuzha under Section 7 of the Kerala Insolvency Act against respondent Nos.1 to 5, his creditors and seeking his adjudgement as an insolvent on account of his alleged inability to discharge the debts. It is also the case of petitioner that he has already sold his property for settlement of certain other debts. 2. Respondent No.2 obtained the money decree and is taking coercive steps against petitioner including arrest and detention. Petitioner has preferred Ext.P4, application dated 29.03.2010 in I.P. No.2 of 2010 for stay of execution. That application has not so far been disposed of. Hence this petition. O.P(C) No.224 of 2010 -: 2 :- In the circumstances stated by learned counsel, learned Sub Judge, Muvattupuzha is directed to dispose of Ext.P4, application for stay (in I.P. No.2 of 2010) as early as possible considering the fact that petitioner is facing threat of arrest and detention in the civil prison in execution of the decree. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv