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VASUDEVAN, S/O. KANDANKORAN v. THE STATE OF KERALA - WP(C) No. 24703 of 2005(N)  RD-KL 15570 (13 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 24703 of 2005(N)
1. VASUDEVAN, S/O. KANDANKORAN,
1. THE STATE OF KERALA,
2. M.K. PRAKASAN, S/O. KUMRAN,
3. M.K. WILSON, S/O. KUMARAN,
4. M.K. PRESANNA, D/O. KUMARAN, DO. DO.
5. M.K. SHEELA, D/O. KUMARAN, DO. DO.
6. M.K. BANERJI, S/O. KUMARAN, DO. DO.
7. M.K. ANILKUMAR, S/O. KUMARAN,
For Petitioner :SRI.P.L.DEVADAS
For Respondent :SRI.A.X.VARGHESE
The Hon'ble MR. Justice PIUS C.KURIAKOSE
O R D E R
PIUS C. KURIAKOSE, J.W.P.(C) NO.24703 of 2005
Dated this the 13th day of August , 2007
The writ petition is remaining defective on the reason that the first respondent is not served. But I find that the first respondent - State of Kerala is only a formal party and there is appearance for the party respondent. No representation for the petitioner. The order impugned in this writ petition under Article 227 is Ext.P4 order of the Execution Court. Under Ext.P4, an application filed by the petitioner to postpone the delivery till such time as the property in question is measured is dismissed. On going through Ext.P4, I am of the view that Ext.P4 does not cause any prejudice to the petitioner. It is provided in Ext.P4 itself that if the Amin who is deputed by the court reports about the necessity of conducting measurement, the court would be inclined to direct such measurement. The challenge against Ext.P4 fails. The writ petition is dismissed. PIUS C. KURIAKOSE,
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