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M/S. VIJAYA KURIES AND LOANS PVT. LTD. versus THE COCHIN KURIES LTD.

High Court of Kerala

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M/S. VIJAYA KURIES AND LOANS PVT. LTD. v. THE COCHIN KURIES LTD. - WP(C) No. 13625 of 2006(V) [2007] RD-KL 9355 (4 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13625 of 2006(V)

1. M/S. VIJAYA KURIES AND LOANS PVT. LTD.,
... Petitioner

Vs

1. THE COCHIN KURIES LTD.,
... Respondent

2. KUNHILA JACOB, W/O. ELUVITHINGAL

3. FRANCIS, S/O. KUNHILA JACOB,

4. VINCENT, S/O. KUNHILA JACOB,

For Petitioner :SRI.G.SREEKUMAR (CHELUR)

For Respondent :SRI.G.SHRIKUMAR

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

Dated :04/06/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No.13625 OF 2006 V

Dated this the 4th June, 2007.



JUDGMENT

This writ petition is filed to quash Ext.P3 order passed in E.P.216/00. A third party has moved an application for amending the survey number in the claim petition filed by it from 212 to 188. The court found that no documents are produced and therefore did not entertain the application. Now, learned counsel for the revision petitioner has brought to my notice Ext.P1 issued by the court. He refers to item 2 in the schedule where I find that survey No:188/1 is also there. It is submitted by the learned counsel that this document was not produced before the executing court at the time of hearing of the amendment application and therefore an opportunity should be given to him to produce this document and a chance to rehear the amendment application.

2. Considering the request made by the learned counsel and on perusal of a copy of Ext.P1 which is produced before me, I am inclined to grant an opportunity to the writ petitioner herein to produce the said document and re-agitate the amendment application. Therefore, the order under challenge is set aside and the executing court is directed to consider afresh the amendment application after WPC 13625/06 2 affording an opportunity to the writ petitioner to produce document in support of his contention. It is also made clear that the respondents shall also be heard and given an opportunity to put forward their contentions which they want to raise. Writ petition is disposed of accordingly.

3. Since it is submitted that the very same property is coming up for sale in another matter, there shall be a stay of the said sale till the disposal of the amendment application by the executing court. M.N.KRISHNAN Judge jj


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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