IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6962 of 2008(D) ------------------------- AGAINST THE ORDER DATED 11.2.08 IN EP.273/2005 IN OS.37/2001 of SUB COURT, MAVELIKKARA. .................... PETITIONER: ------------ PRASAD M.CHERIYAN, MAPPILA VEETTIL, ARGADICKAL MURI, CHENGANNOOR VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENTS: ---------------- 1. ANILKUMAR, SREERAMA SADANAM HOUSE, KURIYANNOOR VILLAGE, THOTTAPPUZHASSERI VILLAGE, ALAPPUZHA DISTRICT. 2. P.S.SAM, PARATTU VEETTIL, KADACKADU MURI, CHERIYANADU VILLAGE, ALAPPUZHA DISTRICT. 3. BENNI KURIYAKOSE, PALATHUKAL VEEDU, THRIKKODITHANAM MURI, THRIKKODITHANAM VILLAGE, ALAPPUZHA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6962 OF 2008 --------------------- Dated this the 28th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Subordinate Judge, Mavelikara in EP 273/05 in OS 37/01. By the said order, the court has directed as follows: “Repeat warrant with police aid. Bond already forfeited. Property of the judgment debtor is attached. Issue attachment order also.” 2. From the order it may appear that the court has permitted to have simultaneous execution of the same decree. The learned counsel for the writ petitioner submits that the person is in a very bad financial position and some mercy may be shown on him, so that he can wipe off the liability. 3. Since he is a person who had executed a bond and that has been forfeited, I feel he has to be directed to pay a specific amount for showing further indulgence by the court below. Therefore, I dispose of the writ petition directing the writ petitioner herein to make a payment of Rs.25,000/- within two weeks and to be present in person before the court. Then the court below WPC NO 6962/08 2 shall give him some reasonable time for making further payment, on execution of a proper bond. Till the expiry of two weeks as mentioned above, petitioner shall not be arrested and produced before the court. M.N.KRISHNAN, JUDGE vps WPC NO 6962/08 3 WPC NO 6962/08 4