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PARVATHY ANTHARJANAM, AGED 72 YEARS versus THE CHETTARIKKAL ENTERPRISES

High Court of Kerala

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PARVATHY ANTHARJANAM, AGED 72 YEARS v. THE CHETTARIKKAL ENTERPRISES - WP(C) No. 30560 of 2005(K) [2007] RD-KL 10908 (21 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30560 of 2005(K)

1. PARVATHY ANTHARJANAM, AGED 72 YEARS,
... Petitioner

Vs

1. THE CHETTARIKKAL ENTERPRISES,
... Respondent

For Petitioner :SRI.P.G.SURESH

For Respondent :SRI.M.P.KRISHNAN NAIR

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.30560 OF 2005

Dated this the 21st day of June 2007



JUDGMENT

Sri.P.G.Suresh, the learned counsel for the petitioner, has addressed me very strenuously on the grounds raised in this writ petition. However, I am of the view that the only relief the petitioner can aspire for is some more time for settling the liability and decree in full and final. This court while admitting the writ petition imposed a condition that a sum of Rupees Three Lakhs shall be deposited within one month from 30.11.2005. Sri.Suresh submits that the above condition has been promptly complied with. I have heard the submission of Sri.M.P.Krishnan Nair the learned counsel for the respondents also.

2. Having regard to the rival submissions, I am of the view that the writ petition itself can be disposed of issuing the following directions:

i). The order of stay presently passed will remain in force till 30th September 2007. It is open to the petitioner to pay off WPC No. 30560/2005 2 the entire balance decree debt in the meanwhile. It is made clear that the petitioner will get the benefit of the above order only if the court below on verification finds that the sum of Rs.Three Lakhs has been deposited by the petitioner before 30.11.2005 as claimed before me by the learned counsel for the petitioner. Once the petitioner becomes confident that the entire decree debt is wiped off, it is open to her to file application before the court below for recording the full satisfaction. If such application is received, the court below will hear both sides and take decision on that application. PIUS C. KURIAKOSE,

JUDGE.

dpk


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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