IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).NO. 20337 OF 2010(O) ---------------------------------------- E.A. NO.888 OF 2008 IN E.P. NO.518 OF 2008 IN OPARB.31/1995 OF PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): ------------------------ 1. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE SUPERINTENDING ENGINEER, KIP, R.B.CIRCLE, KOTTARAKKARA. BY GOVERNMENT PLEADER SHRI P.R. JAYAKRISHNAN RESPONDENT(S): ------------------------ YOHANNAN KURIAKOSE, GOVERNMENT CONTRACTOR, ARIKUPURATH HOUSE, MANEED P.O., PIRAVOM, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) NO.20337 of 2010 ==================================== Dated this the 2nd day of July, 2010 J U D G M E N T This Writ Petition is filed by the State challenging Ext.P7, order of learned Principal Sub Judge, Ernakulam on E.A. No.888 of 2008 in E.P. No.518 of 2008 in O.P(Arb.) No.31 of 1995. Grievance of State is that learned Sub Judge has entertained the execution petition without a decree, no decree had been drawn up pursuant to the judgment passed by the learned Sub Judge in the Original Petition and in spite of objection raised by petitioner in that line that objection (Ext.P6) has not been considered. Instead learned Sub Judge has proceeded with execution of the decree and ordered attachment of the amount. Learned Government Pleader contended that in so far as no decree has been drawn up pursuant to the judgment in O.P. No.31 of 1995 execution petition itself is not maintainable. 2. I am not going into the question whether in the absence of a decree execution petition is not maintainable or not since that is a matter to be decided by the learned Sub Judge at W.P(C) No.20337 of 2010 -: 2 :- the first instance. I direct the learned Sub Judge to consider the objection raised by petitioner as to the maintainability of execution petition and pass appropriate orders. Until objection is considered and appropriate orders are passed amount attached shall not be disbursed to the respondent. Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv