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THE ASSYRIAN CHARITIES KURI LIMITED versus MATHEW S/O. CHIRAKKEKARAN PYLOTH

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THE ASSYRIAN CHARITIES KURI LIMITED v. MATHEW S/O. CHIRAKKEKARAN PYLOTH - WP(C) No. 6508 of 2005(Y) [2007] RD-KL 11197 (25 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6508 of 2005(Y)

1. THE ASSYRIAN CHARITIES KURI LIMITED,
... Petitioner

Vs

1. MATHEW S/O. CHIRAKKEKARAN PYLOTH,
... Respondent

2. ANEES MATHEW W/O. MATHEW, RESIDING AT

3. KOCHUTHRESSIA,

For Petitioner :SRI.V.CHITAMBARESH

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :25/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO.6508 of 2005

Dated this the 20th day of June 2007



JUDGMENT

Though it cannot be said that the learned Munsiff was not correct in his view that order of attachment of movables cannot be repeated since it was reported that the movables are not available in the residence of the judgment debtors as alleged by the decree holder, Sri.Chitambaresh, the learned counsel for the petitioner submits that the order dismissing the E.P. itself is resulting in serious prejudice to the petitioner since a fresh E.P. will be barred by limitation. In view of the above submission I set aside Ext.P5 and also Ext.P6. The Execution Petition will stand restored to file and the learned Munsiff will continue with the Execution Petition in accordance with law. PIUS C. KURIAKOSE,

JUDGE.

dpk WPC No. 6508/2005 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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