IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18600 of 2005(L)
1. PUSHPAKARAN, AGED 56 YEARS,
... Petitioner
Vs
1. THANKAMANI,
... Respondent
For Petitioner :SRI.P.RAMACHANDRAN
For Respondent :SRI.T.KRISHNAN UNNI (SR.)
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/01/2009
O R D E R
HARUN-UL-RASHID, J.
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W.P.(C) No.18600 of 2005
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Dated, this the 22nd day of January, 2009
JUDGMENT
The judgment debtor in E.P.No.360 of 1999 in
O.S.No.512 of 1996 on the file of the Munsiff Court, Chavakkad is
the writ petitioner. Exts.P1 and P2 are the judgment and decree
produced in the writ petition. The contention raised in this writ
petition is that the decree holder failed to deposit the amount within
the time prescribed by the court in the decree. It is seen that
subsequently the decree holder remitted the amount with a petition
seeking permission to extend the period of time. The execution
court granted time and allowed the petition. Subsequently,
E.P.No.360 of 1999 was heard on merits and the court held that the
decree holder is entitled to get the delivery as prayed for. Therefore,
delivery was ordered.
2. The contentions raised in this writ petition are not
bona fide and the idea is to protract the proceedings to the extent
possible. The decree holder is entitled to enjoy the decree at the
earliest possible time. The judgment debtor cannot take shelter
under the procedures for the purpose of delaying the delivery. I
W.P.(C) NO.18600 of 2005
2
find no reason to interfere with the order passed by the court below.
The writ petition is dismissed. No order as to costs.
HARUN-UL-RASHID,
(JUDGE)
vns