IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30339 of 2008(J)
1. PLACKEEL MARIYAM, W/O.ABDU, AGED 40
... Petitioner
Vs
1. M/S.MAHARASHTRA APEX CORPORATION LTD.,
... Respondent
2. MUHAMMED KUNHI K., S/O.IBRAHIM MUSLIAR,
3. ABDUL SAMAD.K., S/O.IBRAHIM MUSLIAR,
For Petitioner :SRI.V.T.MADHAVANUNNI
For Respondent :SRI.S.R.DAYANANDA PRABHU
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :23/01/2009
O R D E R
K.P. Balachandran, J.
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W.P.(C)No.30339 of 2008 J
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JUDGMENT
Petitioner is the third judgment debtor in E.P.
No.62/05 filed in execution of an arbitration
award. It is submitted that respondents 2 and 3 are
respectively judgment debtors 1 and 2 in the
execution petition. service is not complete for
respondents 2 and 3. The first respondent, who is
the decree holder, entered appearance. Notice to
respondents 2 and 3, who are judgment debtors 1 and
2, is unnecessary and is dispensed with.
2. Counsel for the petitioner and the first
respondent submit that the only grievance of the
petitioner/third judgment debtor, who has filed
this writ petition, is that the court below has
ordered sale of the attached property before
consideration of the objection filed by him in the
court below.
In the result, I dispose of this writ petition
directing the District Judge, Thalassery to pass
WPC 30339/08 2
appropriate orders considering also the objection
filed by the petitioner to E.P.No.62/05 and Rule 66
notice before proceeding with sale of the
properties, which are under attachment, as
expeditiously as possible.
23rd January, 2009 (K.P.Balachandran, Judge)
tkv