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Judgment
V. Chitambaresh, J.—The execution court simultaneously issued notices under Rules 22 and 37 of Order XXI of the CPC in execution of a money decree. The petitioner/judgment debtor omitted to show cause to both the notices in time. Her attempt to review the consequential order of arrest passed also ended in vain. The order refusing to review is challenged in this original petition under Article 227 of the Constitution of India. The petitioner after all seeks an opportunity to file an objection to the notices separately and simultaneously issued under Rules 22 and 37 of Order XXI of the Code of Civil Procedure. I am inclined to extend the opportunity to the petitioner provided he pays a sum of Rs.25,000/- towards the decree debt by deposit in the execution court.
The impugned order is set aside and E.P No.210/2011 in O.S No.382/2003 on the file of the Court of the Munsiff of Vaikom is resurrected to file. The petitioner will be afforded an opportunity to file an objection to the notices under Rules 22 and 37 of the CPC provided he deposits a sum of Rs.25,000/- in the execution court on or before 1-10-2012. The execution court will surge ahead with the proceedings in case the petitioner omits to deposit for payment to the decree holder a sum of Rs.25,000/- within the time stipulated. Needless to say that the warrant of arrest issued against the petitioner will be kept in abeyance till final orders are passed.
The original petition is disposed of as above.