S.Balamuralee vs K.V.Vikramanunni on 4 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3008 of 2005(Y)


1. S.BALAMURALEE, H.C.T.6839,
                      ...  Petitioner

                        Vs



1. K.V.VIKRAMANUNNI, REMALAYAM,
                       ...       Respondent

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :04/07/2008

 O R D E R
                        KURIAN JOSEPH, J.
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                   W.P.(C) No.3008 of 2005
              ----------------------------------------------
                      Dated 4th July, 2008.
                          J U D G M E N T

Petitioner is aggrieved by Ext.P5 order passed by

the Principal Munsiff Court, Thiruvananthapuram in E.P.135/04 in

O.S.973/99. As per the said order, the prayer for payment of the

decree amount in instalments has been rejected and a warrant of

arrest has been issued. That was on 5.1.2005. This court stayed

the said order on condition of payment of Rs.5,000/- within two

months, as per the order dated 27.1.2005. It is submitted that

the said amount has been paid. Now it is more than three years.

Therefore, the petitioner has obtained the benefit of payment in

instalments. In the above circumstances, the writ petition is

dismissed without prejudice to the liberty to the petitioner to

approach the execution court where he will also get sufficient

opportunity to plead his case of no means, which was pleaded

before this court. In case warrant is still pending, the same shall

be kept in abeyance for three weeks, in order to enable the

petitioner to work out the remedy.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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W.P.(C) No.3008 of 2005

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J U D G M E N T

Dated 4th July, 2008.