Over 2 lakh Indian cases. Search powered by Google!

Case Details

ABEY JOSEPH, S/O. JOSEPH versus M/S.CEMENT MARKETING AGENCY

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


ABEY JOSEPH, S/O. JOSEPH v. M/S.CEMENT MARKETING AGENCY - WP(C) No. 21270 of 2006(F) [2007] RD-KL 12290 (6 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21270 of 2006(F)

1. ABEY JOSEPH, S/O. JOSEPH,
... Petitioner

Vs

1. M/S.CEMENT MARKETING AGENCY
... Respondent

For Petitioner :SRI.K.C.ELDHO

For Respondent :SRI.K.V.VAIDYANATHAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :06/07/2007

O R D E R

PIUS C. KURIAKOSE,J.


- - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) No.21270 of 2006
- - - - - - - - - - - - - - - - - - - - - - - - -

Dated: 6th July, 2007



JUDGMENT

Notwithstanding the strenuous and attractive submissions addressed before me by Mr.K.C.Eldho, learned counsel for the petitioner, I am not inclined to hold that Ext.P5 order is vitiated by infirmity to such an extent as to justify interference by this court in the supervisory jurisdiction of this court under Article 227 of the Constitution. The supervisory jurisdiction will be invoked only in exceptional circumstances, i.e., only when it is found that the order violates law or will result in gross injustice or failure of justice. In Ext.P5 good reasons are given by the court below to support the decision taken. I approve Ext.P5 and refuse to grant the relief sought for in the Writ Petition. It is noticed that while admitting the Writ Petition this court stayed Ext.P5 for six months on cndition that the petitioner pays to the decree-holder a sum of Rs.10,000/- on or before 11.10.2006. Mr.V.J.John, counsel for the respondent submits that the above condition was complied with. Under the above circumstances and in view of the obvious position that the petitioner is not in affluent circumstances, I dispose of the Writ Petition directing that the order of stay presently granted will continue upon W.P.C.No.21270/06 - 2 - the petitioner complying with the following conditions: The petitioner will remit every month commencing from 1.8.2007 a sum of Rs.7500/- towards the decree debt either directly to the decree-holder or through his counsel in this court. If he commits any two defaults, he will forfeit the benefit of this order. Under such an event the impugned order will become operative and the court below is permitted to continue the execution from the stage at which it was stayed by this court. Once the petitioner is confident that almost the entire amount is remitted, it is open to him to file an application before the court below for recording satisfaction. If such an application is received, the execution court will invite objections to that application from the decree-holder, hear both sides and take a decision on the same.

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.