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BEENA, AGED 36 versus SURENDRAN

High Court of Kerala

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BEENA, AGED 36 v. SURENDRAN - WP(C) No. 17385 of 2006(T) [2007] RD-KL 11821 (3 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17385 of 2006(T)

1. BEENA, AGED 36,
... Petitioner

Vs

1. SURENDRAN,
... Respondent

For Petitioner :SRI.G.SREEKUMAR (CHELUR)

For Respondent :SRI.G.UNNIKRISHNON

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :03/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C)No.17385 OF 2006 ...........................................................

DATED THIS THE 3RD JULY, 2007



J U D G M E N T

This Writ Petition under Article 227 is filed by a judgment-debtor who is aggrieved by an order of sale and settlement of sale proclamation for recovery of the decree-debt. The grievance is that the execution court passed the impugned order even as a Second Appeal preferred against the decree was pending before this Court. Mr.K.Ravi, counsel for the petitioner submits that though at the time of passage of the impugned order the application for condonation of delay in the matter of filing the Second Appeal was pending, subsequently the delay has been condoned and the Second Appeal has been registered on the files of this Court. The Second Appeal, according to him, was once referred to the Adalat also. There is a likelihood of the matter being settled, according to counsel.

2. I notice that this Court became inclined to grant stay only on condition that the petitioner remits a sum of Rs.25,000/- within two months from 4.7.2006. Neither counsel is able to inform me whether the above payment has been made by the petitioner. At any rate, since I am told that the Second Appeal has been registered by this Court after condoning the delay, I am of the view that the petitioner WP(C)N0.17385/06 has to seek appropriate reliefs from the second appellate jurisdiction.

3. The Writ Petition will stand disposed of continuing the order of stay presently passed for another six weeks from today. It is open to the petitioner to seek appropriate reliefs from the civil appellate jurisdiction of this Court.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0.17385/06


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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