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G.SREEKUMAR, VIJAYA BHAVAN versus O.K.KHALUDEEN, MUMTHAS MANZIL

High Court of Kerala

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G.SREEKUMAR, VIJAYA BHAVAN v. O.K.KHALUDEEN, MUMTHAS MANZIL - WP(C) No. 30956 of 2005(I) [2007] RD-KL 11347 (27 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30956 of 2005(I)

1. G.SREEKUMAR, VIJAYA BHAVAN,
... Petitioner

Vs

1. O.K.KHALUDEEN, MUMTHAS MANZIL,
... Respondent

2. JAMEELA BEEVI, JAMEELA MANZIL,

For Petitioner :SRI.G.UNNIKRISHNON

For Respondent :SRI.T.SAJI

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :27/06/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.30956 of 2005
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Dated: 27th June, 2007



JUDGMENT

The plaintiff in a suit for money is aggrieved by Exts.P6 and P7 orders respectively lifting the order of attachment which had already been made absolute and accepting the security offered by the 2nd respondent who is the sister of the 1st respondent-defendant.

2. Ext.P5 is the objection submitted by the petitioner before the court below regarding the sufficiency of the security. The grievance is that it was without adverting to the objections at all that the learned Munsiff allowed the applications filed by the respondents.

3. Having regard to the submissions addressed before me, I am inclined to agree with the learned counsel for the petitioner that Ext.P6 and particularly Ext.P7 are non-speaking orders. There is no reference at all to the objections filed by the petitioner. On the above reasons, those orders are liable to be set aside.

4. The result is that Exts.P6 and P7 orders are set aside. The court below is directed to pass fresh orders on the two I.As. after hearing both sides and after considering the objections raised. Speaking orders will be passed by the learned Munsiff on both the applications at the earliest and at any rate within one month of W.P.C.No.30956/05 - 2 - receiving copy of this judgment. The order of stay presently passed by this court will continue till such time as speaking orders are passed. The Writ Petition is allowed as above. No costs.

srd PIUS C.KURIAKOSE, JUDGE


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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