IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4073 of 2008(I)
1. V.BALABHADRAN NAIR
... Petitioner
Vs
1. THE KERALA STATE FINANCIAL ENTERPRISES
... Respondent
2. BRANCH MANAGER
3. THE SPECIAL DEPUTY TAHSILDAR (RR)
4. THE DIST COLLECTOR, THIRUVANANTHAPURAM.
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/02/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 4073 OF 2008
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Dated this the 4thday of February, 2008
JUDGMENT
This writ petition is filed with a prayer not to proceed with the
recovery steps, pursuant to Ext.P6, till the disposal of Exts.P5 and P7
applications filed in OS 332/04 on the file of the First Additional Sub Court,
Thiruvananthapuram.
2. The writ petitioner herein is the plaintiff in the suit. The suit is
one for settlement of accounts. As he was not present when the case was
listed, the suit was dismissed. Thereafter he filed two applications namely
Exts. P5 & P7. Ext.P5 is filed for restoration and Ext.P7 for early disposal
of Ext.P5 and also to defer the sale till a decision is taken.
3. Whatever it may be, since the recovery is of a sizable amount
and the suit has been dismissed for default, I feel that the recovery
proceedings have to be deferred till a decision is taken on Ext.P5
application. Therefore, I direct the court below to dispose of Ext.P5
application itself, as expeditiously as possible, within a time limit of one
month from the date of production of a copy of the judgment before the
court below and with a further direction not to proceed with the sale of the
property for a period of eight weeks from today.
The writ petition is disposed of accordingly.
M.N.KRISHNAN, JUDGE
vps
WPC NO 4073/08 2