High Court Kerala High Court

V.Mohammed Sheriff vs Palapetty Mohammed on 7 March, 2007

Kerala High Court
V.Mohammed Sheriff vs Palapetty Mohammed on 7 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7564 of 2007(A)


1. V.MOHAMMED SHERIFF, S/O.MOHAMMEDKUTTY
                      ...  Petitioner

                        Vs



1. PALAPETTY MOHAMMED,S/O.ALAVI,
                       ...       Respondent

                For Petitioner  :SRI.T.KRISHNAN UNNI

                For Respondent  : No Appearance

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

 Dated :07/03/2007

 O R D E R
                           K.P.BALACHANDRAN, J.

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                          W.P.(C)NO.7564 OF 2007

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                  Dated this the 7th day of March 2007


                                     JUDGMENT

The petitioner is the appellant in A.S.38/04 on the file of

the Additional District Court (Fast Track No.III), Manjeri. It is

submitted that the said appeal is filed challenging the money

decree passed against the petitioner in O.S.190/01 on the file of

the Munsiff’s Court, Parappanangadi but that proceedings in

execution are being continued; that though appeal is ripe for

hearing the court below is not taking up the appeal for hearing

despite request made in that behalf. In view of the submissions

so made, I am of the view that appropriate directions can be

given in the matter the appeal being one of the year 2004.

2. In the result, I dispose of this writ petition directing the

Additional District Court (Fast Track No.III), Manjeri to dispose

of A.S.38/04 on the file of this court as expeditiously as possible

and in any event within two months from the date on which a

copy of this judgment is received by him provided the appeal is

ripe for hearing. The petitioner is at liberty to produce a copy of

W.P.(C)NO.7564 OF 2007

2

this judgment before the Additional District Judge to enable him

to comply with the above directions without fail.

Writ petition is disposed of as above.

K.P.BALACHANDRAN, JUDGE

jes