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FRANKLIN BRUCE, J & P QUARTERS versus FLASSY ALBIN, THATTAPPILLA THOPPU PUTHEN

High Court of Kerala

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FRANKLIN BRUCE, J & P QUARTERS v. FLASSY ALBIN, THATTAPPILLA THOPPU PUTHEN - WP(C) No. 6696 of 2004(V) [2007] RD-KL 10861 (21 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6696 of 2004(V)

1. FRANKLIN BRUCE, J & P QUARTERS,
... Petitioner

Vs

1. FLASSY ALBIN, THATTAPPILLA THOPPU PUTHEN
... Respondent

2. FLOSSY ALBIN MARY VIOLET FRANSPAR,

3. FLOSSY ALBIN SILVI GOMEZ,

4. GLADEESE ALBIN, THEKKE KOLLAMCODE,

5. KURISU PILLA VINCENT, PALLIVILAKOM

6. ALBIN MARY ASSANATHA VINCENT OF THEKKE

7. RUBIYO GLADEES SABIYOLA ROBERT MENDAS @

8. EDWIN BROOSE, BRUSSELS HOUSE,

9. JUSTIN BRUCE, BRUSSELS HOUSE,

10. MERLIN XAVIER MENDAS, XAVIER MENDAS @ CO

11. FILEESE BROSSE, BRUSSELS HOUSE,

For Petitioner :SRI.WILSON URMESE

For Respondent :SRI.M.RAJASEKHARAN NAYAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :21/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 6696 OF 2004

Dated this the 21st day of June, 2007



JUDGMENT

Ext.P2 order passed by the execution court over ruling the objections filed by the petitioner-judgment debtor to the execution of a decree for redemption confirmed by this Court in Second Appeal is under challenge. I do not find any infirmity in Ext.P2 warranting correction under Article 227. More over the counter affidavit sworn to by the decree holder will show that pursuant to order of delivery passed by the court on 17.02.2004, even 10 days prior to the institution of the writ petition, the property was delivered to the decree holder and the execution petition was closed. The learned counsel for the decree holder asserted before me that the decree holder is in possession of the decree schedule property. The Writ Petition obviously has become infructuous and is dismissed on that basis.

PIUS C. KURIAKOSE, JUDGE

btt WPC 2


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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