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MANU, S/O.GANGADHARAN NAIR versus MOHAMMED ISMAIL, S/O.SHAHUL HAMEED

High Court of Kerala

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MANU, S/O.GANGADHARAN NAIR v. MOHAMMED ISMAIL, S/O.SHAHUL HAMEED - WP(C) No. 30100 of 2006(G) [2006] RD-KL 1609 (15 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30100 of 2006(G)

1. MANU, S/O.GANGADHARAN NAIR,
... Petitioner

Vs

1. MOHAMMED ISMAIL, S/O.SHAHUL HAMEED,
... Respondent

For Petitioner :SRI.SAJU.S.A

For Respondent : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :15/11/2006

O R D E R

M.SASIDHARAN NAMBIAR, J.

W.P.C.NO.30100 OF 2006 (G)

Dated this the 15 th day of November, 2006.



JUDGMENT

Petitioner is the defendant in O.S.586/03 on the file of Additional Munsiff Court, Nedumangad. Respondent is the decree holder. The suit was decreed ex-parte. Petitioner filed I.A.376/06, 377/06 and 378/06 to condone delay of 718 days in filing the application to set aside this decree under order IX Rule 3 and to stay execution till disposal of the applications. The grievance of petitioner is that an order of arrest is passed in E.P.121/05 and the petitions are not being disposed by the court below. Petitioner who remained ex- parte and filed application to set aside the ex-parte decree till a delay of 718 days was caused, cannot be heard to complain that court below is not disposing the applications filed only after 5.11.06. Petitioner may move the trial court for expeditious disposal of the application. If such an application is filed, learned Munsiff may dispose the application expeditiously, if service is over. W.P.C.NO.30100 OF 2006 (G) 2

2. Learned counsel submitted that marriage of the petitioner is fixed tomorrow, and if the further proceedings in the execution is not stayed, he may be arrested. In view of this special circumstance order of arrest is stayed for 7 days from today. M.SASIDHARAN NAMBIAR,

JUDGE.

bkn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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