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K.MOHAN DAS, AGED 50 YEARS versus M.G.GEORGE, AGED 66 YEARS

High Court of Kerala

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K.MOHAN DAS, AGED 50 YEARS v. M.G.GEORGE, AGED 66 YEARS - WP(C) No. 14677 of 2006(V) [2006] RD-KL 2787 (7 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14677 of 2006(V)

1. K.MOHAN DAS, AGED 50 YEARS,
... Petitioner

Vs

1. M.G.GEORGE, AGED 66 YEARS,
... Respondent

For Petitioner :SRI.PAULY MATHEW MURICKEN

For Respondent :SMT.V.P.SEEMANDINI

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :07/12/2006

O R D E R

M.SASIDHARAN NAMBIAR,J.


===========================
W.P.(C) NO.14677 OF 2006
===========================

Dated this the 7th day of December,2006



JUDGMENT

Petitioner is the defendant and respondent the plaintiff in O.S.314/04 of Munsiff Court, Punalur. The suit was decreed ex parte. Petitioner filed Ext.P4 application, to set aside the ex parte decree along with Ext.P5 application to condone the delay of one year and three months in filing the application. Respondent meanwhile filed E.A.25/06 an application to stay the execution which was dismissed under Ext.P7. It is being challenged in this petition filed under Article 227 of Constitution of India. While admitting the petition,petitioner was directed to deposit Rs.15000/-. The amount was deposited. As per the decree, petitioner is liable to pay Rs.99,233/- with interest at 6% per annum.

2. Learned counsel appearing for the petitioner and respondent were heard. W.P.(C)14677/06 2

3. Petition filed to condone the delay and to set aside the ex parte decree are pending before Munsiff Court, Punalur. As per order of this court, petitioner had deposited Rs.15,000/-. In such circumstance, learned Munsiff is directed to dispose of Ext.P4 and P5 applications expeditiously and in any event within two months from the date of receipt of a copy of this judgment. Executing court is directed to stay the execution till the disposal of the applications. Writ Petition is disposed as above. M.SASIDHARAN NAMBIAR

JUDGE

tpl/-

M.SASIDHARAN NAMBIAR, J.

W.P.(C).NO. /06

JUDGMENT

SEPTEMBER,2006


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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