Kl.K.Sundaram vs Baby John on 14 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 297 of 2007()


1. KL.K.SUNDARAM,S/O.KUNJAN ACHARI,AGED 38
                      ...  Petitioner

                        Vs



1. BABY JOHN,W/O.JOHN,AGED 65 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.SABU THOZHUPPADAN

                For Respondent  :SMT.T.S.MAYA (THIYADIL)

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

 Dated :14/11/2008

 O R D E R
                      K.P. BALACHANDRAN, J.
                     -------------------------------------
                        C.R.P. No. 297 of 2007
                        ------------------------------
              Dated this the 14th day of November, 2008

                                O R D E R

Counsel for the respondent/decree holder submits that the decree

holder has attached eight cents of property belonging to the 3rd

judgment debtor, who is the revision petitioner before me and they

want to proceed against the said property without proceeding with

personal execution as against the 3rd judgment debtor. In view of the

above submission, stay is vacated. The order of the court below in

relation to the petitioner/3rd J.D is set aside without prejudice to the

decree holder moving against the 3rd J.D. afresh for personal execution

if the decree is not satisfied despite the sale of the property attached

before judgment.

This C.R.P is disposed of with the above direction.

K.P. BALACHANDRAN, JUDGE

scm