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P.K. PADMAVATHY ANTHARJANAM versus BALAKRISHNA NAMBI, S/O. MADHAVA NAMBI

High Court of Kerala

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P.K. PADMAVATHY ANTHARJANAM v. BALAKRISHNA NAMBI, S/O. MADHAVA NAMBI - WP(C) No. 5003 of 2006(U) [2007] RD-KL 13152 (16 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5003 of 2006(U)

1. P.K. PADMAVATHY ANTHARJANAM,
... Petitioner

Vs

1. BALAKRISHNA NAMBI, S/O. MADHAVA NAMBI,
... Respondent

For Petitioner :SRI.V.N.RAMESAN NAMBISAN

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :16/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO. 5003 of 2006

Dated this the 16th day of July , 2007



JUDGMENT

The grievance of the petitioner in this writ petition under Article 227 is that even as an application filed by him seeking to set aside the ex parte decree was pending consideration before the trial court, the execution court is proceeding with the execution. While admitting this writ petition this court passed an interim order dated 21.2.2006 directing the court below to dispose of Ext.P1 application for setting aside ex-parte decree within 30 days and imposing a condition that the petitioner shall deposit a sum of Rs.7,500/- towards the decree debt. It is clear that the condition regarding deposit of amounts have been complied with by the petitioner. In all probability Ext.P1 is already disposed of. In any case, the interim order dated 21.2.2006 in my opinion grants to the petitioner the relief which he could have aspired for in this writ petition.

2. Sri.V.N.Ramesan Nambisan, the learned counsel for the petitioner submits that on the basis of the order passed on Ext.P1 WPC No.5003/2006 2 application the suit was tried and later dismissed on merits. The counsel requests that a direction may be given to the court below to disburse a sum of Rs.7,500/- deposited in pursuance to the interim order of this court to the petitioner himself. Subject to order, if any, which is already passed by the court of appeal, there will be a direction to the court below to disburse the above sum of Rs.7,500/- (Rs.Seven Thousand Five Hundred)to the petitioner. The writ petition is disposed of as above. PIUS C. KURIAKOSE,

JUDGE.

btt/dpk


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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