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OUSEPH, S/O.THAIKKATTIL POULOSE versus MONARCH KURIES PVT. LTD.

High Court of Kerala

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OUSEPH, S/O.THAIKKATTIL POULOSE v. MONARCH KURIES PVT. LTD. - WP(C) No. 14119 of 2006(E) [2006] RD-KL 3091 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14119 of 2006(E)

1. OUSEPH, S/O.THAIKKATTIL POULOSE,
... Petitioner

Vs

1. MONARCH KURIES PVT. LTD.,
... Respondent

For Petitioner :SRI.JIJO PAUL

For Respondent :SRI.K.A.SREEJITH

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :11/12/2006

O R D E R

M.SASIDHARAN NAMBIAR,J.


===========================
W.P.(C) NO. 14119 OF 2006
===========================

Dated this the 11th day of December,2006



JUDGMENT

Petitioner is the second judgment debtor. Respondent is the decree holder. Petitioner claimed that he has no means to pay the decree debt. Executing court passed an order of arrest. Petitioner filed E.A.2243/05, 2244/05, 2245/05 to reopen the evidence and to recall the witness examined and adduce evidence. As per Ext.P9 order, learned Munsiff allowed the applications on depositing of Rs.50,000/- within fifteen days. The said condition is challenged in this petition filed under Article 227 of the Constitution of India. As per order dated 31.5.06, this court directed petitioner to deposit Rs.15,000/- for payment to the decree holder. Petitioner deposited that amount.

2. Learned counsel appearing for petitioner and respondent were heard. W.P.(C)14119/06 2

3. The learned Sub Judge has already allowed the petitioner's prayer to reopen the evidence and to cross examine the witness, on condition that petitioner deposits Rs.50,000/-. As ordered by this court petitioner had already deposited Rs.15,000/-. Ext.P9 order is modified limiting the amount to be deposited to Rs.15,000/-. As that amount is deposited, executing court is directed to proceed with the execution petition. The executing court to dispose the execution petition as expeditiously as possible, and in any event, within two months from the date of receipt of a copy of this judgment. 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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