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KALI AMMAL, W/O. LATE CHADAYAPPA versus S.V.BALASUBRAMANIAN, AGED 62 YEARS

High Court of Kerala

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KALI AMMAL, W/O. LATE CHADAYAPPA v. S.V.BALASUBRAMANIAN, AGED 62 YEARS - WP(C) No. 5621 of 2007(T) [2007] RD-KL 3724 (20 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5621 of 2007(T)

1. KALI AMMAL, W/O. LATE CHADAYAPPA
... Petitioner

Vs

1. S.V.BALASUBRAMANIAN, AGED 62 YEARS,
... Respondent

For Petitioner :SRI.O.P.NANDAKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :20/02/2007

O R D E R

K.P.BALACHANDRAN, J.


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W.P.(C)NO.5621 OF 2007
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Dated this the 20th day of February 2007



JUDGMENT

The grievance of the petitioner highlighted before me is that against Ext.P1 money decree appeal was filed by the petitioner/defendant as A.S.115/2003 before the Sub Court, Ottapalam; that vide Ext.P2 order stay of execution is granted on condition that the petitioner has to produce their title deeds before the execution court within one week; that the petitioner could not produce the original title deed as it had been produced before the Bank and consequently delay occurred in getting back the original document from the bank and that the prayer made vide Ext.P3 to extend time has been rejected by the first appellate court vide Ext.P4 order and the stay petition itself was dismissed vide Ext.P5 order refusing to grant any extension of time to produce the original title deed before the court. Counsel for the petitioner submits that the petitioner is ready to produce the title deed before court which has now been obtained from the Bank. W.P.(C)NO.5621 OF 2007 2

2. In the result, I direct the petitioner to surrender the title deed before the first appellate court in A.S.115/2003 positively, within one week from today. If the title document is produced in one week, the appellate court shall consider I.A.1611/03 afresh and for the purpose Ext.P5 order shall stand set aside on production of the title deed before court in A.S.115/03 within the aforesaid time. This writ petition is disposed of with the above directions.

K.P.BALACHANDRAN, JUDGE

jes


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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