NAZREENA Vs. SECRETARY

JUDGEMENT

(1.) THE Executing Court, in EP No.254 of 2008 on the file of the Court of the Subordinate Judge of Manjeri, passed an order dated 6.1.2011 directing detention of the judgment debtor in civil prison. THE judgment debtor was taken to jail. His wife filed this Original Petition challenging the order passed by the Executing Court. An order for release of the petitioner's husband from civil prison was also sought for.

(2.) WHEN the Original Petition came up for admission on 7th January, 2011, the following order was passed:

(3.) THE request for not pressing the Original Petition should not result in the release of the judgment debtor only on the condition mentioned in the order dated 7th January, 2011. That order was only to facilitate the judgment debtor to comply with the decree and order of the court. THE order for release, as per the interim order passed by this court, is only a temporary release and it is always subject to the order passed by the Executing Court ordering detention of the husband of the petitioner in jail. THE learned counsel for the petitioner submitted that the husband of the petitioner intends to challenge the order passed by the Executing Court and it is for that purpose the Original Petition is sought to be withdrawn.