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V.U.BALACHANDRAN, AGED 37 v. STATE OF KERALA, REPRESENTED - WP(C) No. 3685 of 2007(L)  RD-KL 2636 (5 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 3685 of 2007(L)
1. V.U.BALACHANDRAN, AGED 37,
1. STATE OF KERALA, REPRESENTED
2. M.SANTHOSH KUMAR, PWD CONTRACTOR,
For Petitioner :SRI.B.RAMACHANDRAN
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.3685 OF 2007
DATED THIS THE 5th DAY OF FEBRUARY, 2007
Petitioner is decree holder in O.S.163/05 on the file of Sub Court, Ernakulam. As per order of attachment under Order XXXVIII Rule 5 of Code of Civil Procedure, fixed deposit amount due to defendant was attached and it was deposited and fixed deposit receipt was produced before the trial Court. The suit was decreed exparte. Petitioner filed I.A.7699/06 to release the amount. Under Ext.P7 order, learned Sub Judge dismissed the application. This petition is filed under Article 227 of Constitution of India challenging the order contending that learned Sub Judge should have released the amount.
2. Learned Counsel appearing for petitioner was heard.
3. Arguments of learned Counsel appearing for petitioner was that as marriage of petitioner's sister is fixed on 9.2.07, learned Sub Judge should have released the amount.
4. As rightly found by learned Sub Judge under Ext.P7 order, when an amount is attached before judgment and a decree is passed, petitioner is entitled to get the amount only by executing the decree. Petitioner is at liberty to file an application in the execution W.P.(c)3685/07 2 petition pending before learned Sub Judge. If such an application is filed, learned Sub Judge to pass appropriate order in accordance with law without delay.
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