Over 2 lakh Indian cases. Search powered by Google!

Case Details

PRAKKULANGARA RADHA versus D.WILSON.S/O.DANIYAL,24/1594,PALLAVI

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


PRAKKULANGARA RADHA v. D.WILSON.S/O.DANIYAL,24/1594,PALLAVI - WP(C) No. 18380 of 2007(K) [2007] RD-KL 10387 (15 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18380 of 2007(K)

1. PRAKKULANGARA RADHA,
... Petitioner

Vs

1. D.WILSON.S/O.DANIYAL,24/1594,PALLAVI,
... Respondent

For Petitioner :SRI.K.RAMACHANDRAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :15/06/2007

O R D E R

M.N. KRISHNAN, J.

= = = = = = = = = = = = = = = W.P.(C) No. 18380 OF 2007 K = = = = = = = = = = = = = = =

Dated this the 15th June, 2007



J U D G M E N T

This writ petition is preferred against the order in I.A. No. 5556/06 in A.S. No. 156/06. It is an appeal preferred by the defendant in the suit. As per the decree the defendant is directed to vacate the plaint schedule building within one month, (2) is directed to pay a sum of Rs. 8937/- with interest at the rate of 6%, (3) is directed to pay an amount of Rs.1,750/- per month towards damages for use and occupation, (4) restrain by a permanent injunction from trespassing into the plaint schedule property in future and also the costs. It is against the said judgment and decree the appeal was preferred. The learned Subordinate Judge by a one sentence order stayed the execution of the entire decree till the disposal of the appeal. The learned Subordinate Judge has lost sight of the provisions of Order XLI Rule 5, 6 etc. which mandates that when there is a decree for money the stay can be granted only on furnishing security for the amount. The learned Subordinate Judge has also not WPC No.18380 /2007 -2- considered the serious objections raised by party. Therefore, the order under challenge is not to be sustained and it is set aside and the learned Subordinate Judge is directed to reconsider I.A. No. 5556/06 in the light of the averments in the stay petition as well as the objections and pass an order accordingly. Any how till a final order is passed in that application the portions of the decree which orders for surrender of possession shall remain stayed. Stay application may be disposed of within a period of one month. M.N. KRISHNAN

JUDGE

jan/


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.