AI Structured Summary
Not yet generated for this judgment
Judgment
Thomas P. Joseph, J.—Writ Petitioner is plaintiff-decree holder in O.S. No. 86 of 2002 of the court of learned Munsiff, Chavakkad. Certain amount in deposit in O.S. No. 321 of 2006 of the court of leaned Sub Judge, Thrissur was attached on the request of petitioner to satisfy the amount due to him from the respondents. Pursuant to that order of attachment learned Munsiff requested learned Sub Judge, Thrissur to transmit the amount attached to the court of learned Munsiff. But there was no response Hence petitioner has preferred this Writ Petition seeking a direction to the learned Sub Judge, Thrissur to transmit the amount lying in deposit in O.S. No. 321 of 2006 of his court to the court learned Munsiff, Chavakkad.
I called for report from the court of learned Sub Judge, Thrissur through the Registrar (Judicial). A report has been submitted by the learned Sub Judge stating that the amount in deposit in O.S. No. 321 of 2006 of that court is only Rs. 9,52,304/- while execution petition in O.S. No. 321 of 2006 is filed to realize Rs. 11,30,250/-. It is reported that there is no surplus amount lying in deposit in O.S. No. 321 of 2006 of the court of learned Sub Judge, Thrissur to be transmitted to the court of learned Munsiff, Chavakkad.
In the light of the above, direction sought for by petitioner cannot be allowed. Petitioner has to seek other remedies if any available to him under the CPC in respect of the amount in deposit in O.S. No. 321 of 2006 of the court of learned Sub Judge, Thrissur.
With the above observation this Writ Petition is closed.