IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32728 of 2008(U)
1. TITUS, S/O.DEVADAS, AYANIVILA VEEDU,
... Petitioner
Vs
1. SAMRAJ, S/O.STEPHEN,
... Respondent
For Petitioner :SRI.P.K.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :13/11/2008
O R D E R
K.P. BALACHANDRAN, J.
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W.P(c) No. 32728 of 2008
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Dated this the 13th day of November, 2008
JUDGMENT
Petitioner filed this writ petition alleging that execution in E.P.
No.127 of 2006 in O.S. No.347 of 2005 was proceeding against him
and warrant was issued, that he filed I.P. No. 1 of 2007 and that was
dismissed vide Exhibit P2 order against which he preferred A.S.No.
43 of 2008 before the Sub Court, Thiruvananthapuram and also
moved Exhibit P3 petition for stay of execution and the court is not
passing any orders. Through Registry, it is got ascertained from the
Sub Judge that notice was ordered in the stay petition as also in the
appeal. Appellant did not take any steps to see that notice is served
and however that there was no move from the side of the appellant
for obtaining any stay order on stay petition. It is a clear case where
the party, to avoid execution of the decree against him is resorting to
get himself declared as an insolvent. But at the same time without
doing what is necessary in the appeal, by making false allegations he
is trying to obtain an order from this court to stay the execution till
W.P(c) No. 32728 / 2008
2
orders are passed in the stay petition filed in A.S. No. 43 of 2008,
knowing fully well that no order will be passed in A.S. No.43 of 2008,
without taking steps or making motion in that behalf before the
concerned court.
This writ petition is ill-conceived and it is dismissed.
K.P. BALACHANDRAN, JUDGE
scm