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M/S.MOTOR & GENERAL FINANCE LTD. versus MUJEEB RAHMAN, S/O. KUNJU MUHAMMED

High Court of Kerala

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M/S.MOTOR & GENERAL FINANCE LTD. v. MUJEEB RAHMAN, S/O. KUNJU MUHAMMED - WP(C) No. 4094 of 2004(K) [2007] RD-KL 10470 (18 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4094 of 2004(K)

1. M/S.MOTOR & GENERAL FINANCE LTD.,
... Petitioner

2. M/S. MOTOR & GENERAL FINANCE LTD.,

Vs

1. MUJEEB RAHMAN, S/O. KUNJU MUHAMMED,
... Respondent

2. NOUSHAD, S/O. KUNJU MUHAMMED,

3. FIROZ, S/O. KUNJU MUHAMMED,

4. RASHEED, S/O. KUNJU MUHAMMED,

5. SABIRA, D/O. KUNJU MUHAMMED,

6. KHADEEJA, W/O. KUNJU MUHAMMED,

For Petitioner :SRI.G.HARIHARAN

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :18/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C)No.4094 OF 2004 ...........................................................

DATED THIS THE 18TH JUNE, 2007



J U D G M E N T

Concededly, the order impugned in this Writ Petition is an appealable order in terms of Order XLIII Rule 1 C.P.C. The petitioners did file a C.M.Appeal which was returned, noting certain defects. Instead of curing the defects and resubmitting the appeal memorandum before the appellate court, the petitioners approached this Court under Article 227 of the Constitution.

2. The learned counsel for the petitioners submits that it was in view of coercive processes issued by the execution court that the petitioners became obliged to approach this Court invoking the powers under Article 227. But then, it is seen that though stay was applied for, this Court did not grant stay, but only issued notice by speed post. Though such notice was ordered as early as on 5.2.2004, process is not remitted so far. In all probability the execution has proceeded. The Writ Petition however will stand disposed of making it clear that it will be open to the petitioners to pursue their remedies by way of appeal against the impugned order.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0. WP(C)N0.


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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