K. Gopalakrishnan Nair vs P.K. Govindan Potti on 9 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30161 of 2006(N)


1. K. GOPALAKRISHNAN NAIR, AGED 70,
                      ...  Petitioner
2. GOPAKUMAR, AGED 43,

                        Vs



1. P.K. GOVINDAN POTTI,
                       ...       Respondent

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :SRI.R.S.KALKURA

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :09/07/2007

 O R D E R
                              PIUS C. KURIAKOSE, J.

                   ..........................................................

                             W.P.(C)No.30161 OF 2006

                  ...........................................................

                        DATED THIS THE 9th JULY, 2007


                                    J U D G M E N T

I find merit in the submission of Mr.R.T.Pradeep, learned counsel

for the petitioners that Ext.P2 order under which the petitioners have

been ordered to be arrested is a non-speaking order. Mr.Pradeep

further submitted that as of now, enquiry is going on under Order XXI

Rule 40 C.P.C. regarding sufficiency of the petitioners’ means to pay

the decree-debt and also as to whether they were wilfully negligent in

the matter. Counsel also submitted that the petitioners have also

filed an application to set aside the ex parte decree.

2. Under these circumstances, I dispose of the Writ Petition

directing the execution court to hold up coercive process against the

petitioners till such time as the enquiry presently on, regarding the

means of the petitioners, is finalised. I also direct the trial court to

take an early decision on the application to set aside the ex parte

decree.

(PIUS C.KURIAKOSE, JUDGE)

tgl

WP(C)N0.

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WP(C)N0.

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