Mohandas vs Mohandas on 24 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33293 of 2008(L)


1. MOHANDAS, S/O. PUTHENVEETIL
                      ...  Petitioner

                        Vs



1. MOHANDAS, S/O. KAKKERY APPUKUTTAN,
                       ...       Respondent

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :SRI.K.S.BHARATHAN

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :24/11/2008

 O R D E R
               K.P.BALACHANDRAN, J.
           ------------------------------------------------
                 W. P. C. No.33293 of 2008
           ------------------------------------------------
          Dated this the 24th day of November, 2008

                         JUDGMENT

This Writ Petition has been filed by the

decree holder complaining that he has filed Ext.P2

execution petition on 09/01/08 and has filed

Ext.P3 application for assistance of Amin and the

case having been posted on a much later date he

filed Ext.P4 application for advancing the case;

that Ext.P3 and Ext.P4 were filed on 28/10/08, but

even Ext.P4 petition seeking advancing of the case

is posted to 04/12/08 and that the case is one

wherein for three and a half years licence fee is

not being paid by the judgment debtor for the shop

in his occupation. Judgment debtor has entered

appearance. It is submitted by counsel for the

judgment debtor that A.S.148/08 is filed before

the Sub Court, Irinjalakuda assailing Ext.P1

decree with a petition to condone the delay in

filing the appeal and also a stay petition and the

stay petition as also a petition to condone the

delay was heard and stands posted for orders to

W. P. C. No.33293 of 2008 -2-

26/11/08. In the circumstances, it does not appear

to be proper to give any further direction to the

court below to advance hearing. However, it is

made clear that in case the delay condonation

petition is dismissed and/or stay is refused by

the first appellate court, the execution court

shall order removal of articles in the shop in

compliance with Ext.P1 decree so as to enable the

decree holder to take back possession of the

scheduled shop room on 04/12/08. With this

direction, I dispose of this Writ Petition.

Issue copy urgently to the counsel for the

petitioner/decree holder.

K.P.BALACHANDRAN,
JUDGE
kns/-