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SUMATHY, AGED 23 versus KARTHYAYANI, AGED 48

High Court of Kerala

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SUMATHY, AGED 23 v. KARTHYAYANI, AGED 48 - WP(C) No. 32885 of 2006(M) [2006] RD-KL 3129 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32885 of 2006(M)

1. SUMATHY, AGED 23,
... Petitioner

2. SUJATHA K.P., AGED 21,

Vs

1. KARTHYAYANI, AGED 48,
... Respondent

2. INDIRA, AGED 26,

3. SUBHADRA, AGED 28,

4. SECRETARY,

For Petitioner :SRI.PROMY KAPRAKKATT

For Respondent : No Appearance

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.32885 OF 2006 (M)

Dated this the 11th day of December, 2006.



JUDGMENT

Petitioner is challenging Ext.P2 order passed by the executing court for sale of the properties in execution of the award in A.R.C.866/2000-01 in E.P.317/04. This petition is filed under Article 227 of Constitution of India to set aside that order contending that he had filed I.A.1234/05 in O.S.240/05 and in view of that application, executing court should not have passed the order for sale. Petitioner admittedly did not seek an order of stay from the executing court from executing the award. In fact that petitioner filed I.A.1234/05, an application under Order XXI Rule 29 of Code of Civil Procedure in another suit. That is not a ground to interfere with Ext.P2 order. If the grievance of petitioner was that learned Munsiff did not pass an order in I.A.1234/05 filed in O.S.240/05, remedy of the petitioner is to get an order from the Munsiff for early disposal of the application. If petitioner files an application before Munsiff court to advance hearing and to pass an order in I.A.1234/05, learned Munsiff has to pass order expeditiously without delay. 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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