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VASUDEVAN, S/O. KANDANKORAN versus THE STATE OF KERALA

High Court of Kerala

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VASUDEVAN, S/O. KANDANKORAN v. THE STATE OF KERALA - WP(C) No. 24703 of 2005(N) [2007] RD-KL 15570 (13 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24703 of 2005(N)

1. VASUDEVAN, S/O. KANDANKORAN,
... Petitioner

Vs

1. THE STATE OF KERALA,
... Respondent

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

Dated :13/08/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO.24703 of 2005

Dated this the 13th day of August , 2007



JUDGMENT

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,

JUDGE.

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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