High Court Kerala High Court

Lazar Nadar Wilson vs Namasivayam Sanal Kumar on 15 January, 2010

Kerala High Court
Lazar Nadar Wilson vs Namasivayam Sanal Kumar on 15 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36671 of 2009(O)


1. LAZAR NADAR WILSON, AVIKUZHI VEEDU,
                      ...  Petitioner
2. SHAJI, S/O.WILSON, AVIKUZHI VEEDU,

                        Vs



1. NAMASIVAYAM SANAL KUMAR,
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :SRI.G.S.REGHUNATH

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :15/01/2010

 O R D E R
                   S.S.SATHEESACHANDRAN, J.
                  -----------------------------------
                  W.P.(C).No.36671 of 2009 - O
                   ---------------------------------
             Dated this the 15th day of January, 2010

                          J U D G M E N T

Petitioners are the judgment debtors in E.P.No.28 of 22003

in O.S.No.620 of 1999 on the file of the 1st Additional District

Court, Neyyattinkara. The main relief canvassed in the writ

petition is to keep in abeyance the delivery of the property

involved in the execution proceedings. At the time of hearing, it

is submitted by the counsel on both sides, delivery has already

been affected. That being so, if at all petitioners have any

challenge to the execution proceedings leading to the delivery of

the property, it is open to the petitioners to canvass such

questions under Section 47 of the Code of Civil Procedure.

Reserving the right of the petitioners to have such a recourse, as

provided by law, the writ petition is closed.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-