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BALAN, S/O. MURUKANDI versus BABY, S/O. PAILY

High Court of Kerala

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BALAN, S/O. MURUKANDI v. BABY, S/O. PAILY - WP(C) No. 3527 of 2004(T) [2007] RD-KL 14639 (1 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3527 of 2004(T)

1. BALAN, S/O. MURUKANDI,
... Petitioner

Vs

1. BABY, S/O. PAILY,
... Respondent

2. V.K.SUBHASH, S/O. KRISHNANKUTTY,

For Petitioner :SRI.SAJAN VARGHEESE K.

For Respondent :SRI.O.RAMACHANDRAN NAMBIAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :01/08/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.3527 of 2004
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Dated: 1st August, 2007



JUDGMENT

In this Writ Petition the judgment-debtor impugns the order of the District Judge refusing to condone the delay of 141 days caused in the matter of filing C.M.Appeal No.664/02. The C.M.A. was directed against the order of the execution court dismissing E.A.332/2000 which was an application under Order XXI Rule 89. I have already found in the common order in C.R.P.Nos.1027/02 and 1039/02 that the execution court had no power to condone the delay caused in the matter of filing applications for setting aside the sale. In that view of the matter, no useful purpose will be served by filing the C.M.Appeal even within time. The issue whether under Section 47 C.P.C. relief could be granted to the petitioner has been left open to be decided in E.A.No.619/2000. In view of the decision taken in the Civil Revision Petitions, the Writ Petition will stand dismissed. The learned Subordinate Judge is directed to explore the possibility of a rapprochement of the issue between the parties before E.A.No.619/2000 is heard and decided.

srd PIUS C.KURIAKOSE, JUDGE

W.P.C.No. - 2 -


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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