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ANTONY CYRIAC, SON OF KURIAKOSE v. A.K.PADMAKSHY, D/O.KUTTIYAMMA - CRP No. 1117 of 2005  RD-KL 12805 (12 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCRP No. 1117 of 2005()
1. ANTONY CYRIAC, SON OF KURIAKOSE,
1. A.K.PADMAKSHY, D/O.KUTTIYAMMA,
2. JOSEPH CYRIAC, SON OF KURIAKOSE,
For Petitioner :SRI.V.GIRI
For Respondent :SRI.B.JAYASANKAR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
O R D E R
PIUS C. KURIAKOSE, J.C.R.P. NO.1117 OF 2005
Dated this the 12th day of July, 2007
O R D E RI do not find any jurisdictional infirmity about the impugned order so as to warrant invocation of the revisional jurisdiction of this court under Section 115 of the Code of Civil Procedure.
2. The learned counsel for the petitioner submits that the petitioner did file an application under Order 21 Rule 97 of the CPC before the Principal Munsiff Court and that the said application was enquired into by that court and orders are awaited on that application. Under the above circumstances, I am of the view that the petitioner need not have to be aggrieved by the impugned order at all. Sri.B.Jayasankar, the learned counsel for the decree holder voiced a grievance which I feel is genuine. Sri.Jayasankar submitted that even though the final arguments were heard by the learned Principal Munsiff, Cherthala in the petition under CRP NO.1117/2005 :2: Order 21 Rule 97 filed by the present civil revision petitioner in RCP No.39/1998 pending execution before that court, the learned Munsiff has not passed any orders so far. Even as I dispose of the CRP without granting the relief sought for by the petitioner, I direct the Principal Munsiff, Cherthala to pass orders on the application under Order 21 Rule 97 at the earliest and at any rate within three weeks of receiving a copy of this order. PIUS C. KURIAKOSE,
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