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SASIDHARAN, S/O.KONNAPPAN versus BABURAJ, S/O.KONNAPPAN

High Court of Kerala

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SASIDHARAN, S/O.KONNAPPAN v. BABURAJ, S/O.KONNAPPAN - WP(C) No. 30101 of 2006(H) [2006] RD-KL 1616 (15 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30101 of 2006(H)

1. SASIDHARAN, S/O.KONNAPPAN,
... Petitioner

Vs

1. BABURAJ, S/O.KONNAPPAN,
... Respondent

For Petitioner :SRI.T.K.VENUGOPALAN

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.30101 OF 2006 (H)

Dated this the 15 th day of November, 2006.



JUDGMENT

Petitioner is the plaintiff in O.S.293/04 on the file of Munsiff Court, Parur. He was also the defendant in O.S.752/85, filed by respondent. The suit was decreed. Petitioner challenged the decree in appeal and second appeal. Even in the second appeal, the decree for recovery of possession was confirmed. Respondent filed execution petition 200/04 for delivery of the property. Delivery was ordered. This petition is filed under Article 227 of Constitution of India to stay order of delivery granted in E.P.200/04 on the ground that O.S.293/04 is pending before Munsiff Court, Parur. Petitioner had earlier approached this court by filing W.P.C.34719/04 for directing the Munsiff to pass an order of injunction restraining respondents from executing the decree. This court directed the Munsiff to pass an order in the application without delay. Learned Munsiff after hearing the parties, dismissed the application. Petitioner challenged that order before District Court in C.M.A.69/06. As per Ext.P4 order, learned Additional District Judge dismissed the appeal directing that trial court to dispose the suit expeditiously, in any event within 3 months. The question is in the light of the above, whether petitioner is entitled to get a stay for execution of the decree. W.P.C.NO.30101 OF 2006 (H) 2

2. Petitioner being the judgment debtor in O.S.752/85, who fought the decree up to this court, is not entitled to seek stay of execution for the reason that another suit is pending. If petitioner is to succeed in that suit, he can ask redelivery of the property. Petition dismissed. 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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