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HANEEFAKUTTY versus SAHADEVAN, VIDYA BHAVANAM

High Court of Kerala

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HANEEFAKUTTY v. SAHADEVAN, VIDYA BHAVANAM - WP(C) No. 29765 of 2005(R) [2007] RD-KL 10068 (12 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29765 of 2005(R)

1. HANEEFAKUTTY,
... Petitioner

Vs

1. SAHADEVAN, VIDYA BHAVANAM,
... Respondent

For Petitioner :SRI.B.KRISHNA MANI

For Respondent :SRI.T.GOPALAKRISHNAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :12/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 29765 OF 2005

Dated this the 12th day of June, 2007



JUDGMENT

The grievance of the petitioner is that his properties were sold for a price which was far below the current market value. Seeking to set aside the sale Ext.P5 application was filed by him under Order XXI Rule 90 CPC. It was during the pendency of that application the petitioner filed this Writ Petition seeking various reliefs including a direction to the execution court to take an early decision on Ext.P5 application. This Court became inclined to grant stay of further proceedings in execution only on imposing conditions. On 24.10.05, the condition imposed was that Rs.25,000/- should be paid within six weeks. Thereafter on 02.01.06 a further condition that another amount of Rs.25,000/- shall be paid within one month was imposed. While, the learned counsel for the petitioner asserts that the first condition was complied with. Learned counsel is not sure whether the second condition was complied with. Whatever that be, I dispose of the Writ Petition directing the execution court to take an early decision on Ext.P5. It is open to the petitioner to take advantage of the circumstance that during the pendency of this Writ Petition part payments were received by the decree holder towards the decree debt. Decision as directed above will be take by the WPC No.29765 of 2005 2 execution court on Ext.P5 at the earliest and at any rate within three months of receiving copy of this judgment.

PIUS C. KURIAKOSE, JUDGE

btt WPC No.29765 of 2005 3


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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