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SUNNY, S/O.KRISHNAN v. MADHUSUDANAN, S/O.RAMAN - WP(C) No. 29840 of 2006(B)  RD-KL 1595 (14 November 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 29840 of 2006(B)
1. SUNNY, S/O.KRISHNAN,
1. MADHUSUDANAN, S/O.RAMAN,
For Petitioner :SRI.T.J.MICHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
O R D E R
M.SASIDHARAN NAMBIAR, J.W.P.C.NO.29840 OF 2006 (B)
Dated this the 14 th day of November, 2006.
This petition is filed under Article 227 of Constitution of India, seeking a direction to Munsiff Court, Idukki, not to disburse the amount deposited by respondent in O.S.No.97/98 , as per the directions of this court in C.R.P.No.843/05.
2. Petitioner is the plaintiff in O.S.97/98. The suit was originally decreed by the learned Munsiff, ex-parte. Plaintiff filed petition under order IX Rule 13 of Code of Civil Procedure to set aside ex-parte decree. That was dismissed. The appeal was also dismissed. It was challenged before this court in C.R.P.No.843/05. Under Ext.P1, ex-parte decree was set aside on the agreement between the parties that the respondent defendant would deposit the entire decree amount before the trial court. Pursuant to that order, Rs.84,200/- was deposited before the court below. There after learned Munsiff on the evidence, dismissed the suit. Case of the petitioner is that respondent filed an application on 31.10.06 to withdraw that amount from the court below and respondent is allowed to withdraw the amount W.P.C.NO.29840 OF 2006 (B) 2 deposited, even if he is succeeded in this appeal, he cannot realise the amount as respondent has no other assets. According to the petitioner he filed an application for certified copy of judgment on 31.10.06, and he will be filing an appeal immediately and it was not granted by the court below. Learned Munsiff is directed to issue a certified copy of the judgment urgently to the petitioner, if he files urgent application for certified copy of the decree and judgment. Learned Munsiff is directed not to release the amount deposited by respondent pursuant to the order in C.R.P.843/05 for three weeks. M.SASIDHARAN NAMBIAR,
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