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S. SURESH KUMAR, S/O. SEENIAPPA THEVAR versus ALIKUTTY, S/O. ABIKAL INSAMDULLAH

High Court of Kerala

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S. SURESH KUMAR, S/O. SEENIAPPA THEVAR v. ALIKUTTY, S/O. ABIKAL INSAMDULLAH - WP(C) No. 26134 of 2007(J) [2007] RD-KL 16847 (6 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26134 of 2007(J)

1. S. SURESH KUMAR, S/O. SEENIAPPA THEVAR,
... Petitioner

Vs

1. ALIKUTTY, S/O. ABIKAL INSAMDULLAH,
... Respondent

For Petitioner :SRI.T.KRISHNAN UNNI

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :06/09/2007

O R D E R

M.N.KRISHNAN, J.

W.P.(C).NO.26134 OF 2007-J

Dated this the 6th day of September, 2007.



JUDGMENT

This writ petition is preferred to direct the Munsiff, Ottapalam, to issue a certified copy of the order in I.A.No.740/2007 and I.A.No.741/2007 in O.S.No.302/2005 and to stay further proceedings in E.P.No.11/2007 of the Munsiff Court, Sivakasi. It is the case of the writ petitioner that he was a defendant in the suit and that suit happened to be decreed ex-parte without notice to him and therefore, he moved an application for setting aside the ex-parte decree. It is submitted that it has ended in dismissal.

2. In order to enable the party to resort to the appellate remedy, I direct the Munsiff, Ottapalam, to issue a certified copy of the order within a period of two weeks and further direct that further proceedings in E.P.No.11/2007 of Munsiff Court, Sivakasi, be stayed for a period of three weeks so as to enable the writ petitioner to take appropriate steps. W.P(C).NO.26134 2 The writ petition is disposed of as above.

M.N. KRISHNAN, JUDGE.

cl W.P(C).NO.26134 3


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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