High Court Kerala High Court

Gowrikutty Amma Bhanumathy Amma vs Rahel on 6 September, 2010

Kerala High Court
Gowrikutty Amma Bhanumathy Amma vs Rahel on 6 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27503 of 2010(O)


1. GOWRIKUTTY AMMA BHANUMATHY AMMA,
                      ...  Petitioner

                        Vs



1. RAHEL, W/O.LATE SAMUEL,
                       ...       Respondent

2. LOOKOSE, S/O.SAMUEL, PARAYUDE

3. RAHEL NAVOMY, D/O.RAHEL,

4. RAHEL MARIA, D/O.RAHEL,

5. RAHEL SARAMMA, D/O.RAHEL,

                For Petitioner  :SRI.K.SASIKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :06/09/2010

 O R D E R
                            THOMAS P JOSEPH,J.
                          ---------------------------------------
                          W.P(C).NO. 27503 OF 2010
                       ------------------------------------------
                Dated this the 6th day of September, 2010.

                                    JUDGMENT

Petitioner is the decree holder in E.P.No.131/2005 in

O.S.No.402/1997 of the court of learned Munsiff, Adoor. Petitioner has

obtained a decree for declaration of title over plaint C schedule and its

recovery of possession with mesne profits. Petitioner launched execution.

Respondents claimed that they have preferred appeal in this court

challenging judgment and decree of the appellate court. But, no stay order

was produced. It is pointed out by learned counsel that executing court

adjourned the case from 5.7.2008 to 16.7.2010 directing respondents to

produce the stay order or file affidavit but that has been done. Learned

counsel therefore seeks a direction for early disposal of the execution

petition.

2. Having regard to the facts and circumstances of the case, I make it

clear that it will be open to the petitioner to request learned Munsiff to

expedite execution proceedings.

The writ petition is closed the above direction.

THOMAS P JOSEPH,JUDGE.

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