High Court Kerala High Court

Alexander Francis vs Masood @ M.Masood Khan on 16 March, 2010

Kerala High Court
Alexander Francis vs Masood @ M.Masood Khan on 16 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7351 of 2010(T)


1. ALEXANDER FRANCIS,VAYALUMKAL
                      ...  Petitioner

                        Vs



1. MASOOD @ M.MASOOD KHAN, MUKALUVILA
                       ...       Respondent

                For Petitioner  :SRI.V.PREMCHAND

                For Respondent  :SRI.S.SUDHEESHKAR

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :16/03/2010

 O R D E R
                           K. M. JOSEPH &
                  M.L. JOSEPH FRANCIS, JJ.
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                      W.P.(C).No. 7351 of 2010 T
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             Dated this the 16th day of March, 2010

                              JUDGMENT

Joseph, J.

The petitioner has approached this Court for a direction to

the Munsiff Court, Punalur (Execution Court) to consider

E.P.No.9 of 2010 in R.C.P.No. 2 of 1999 (Ext.P3) forthwith and

order delivery of the scheduled shop room.

2. Briefly the case of the petitioner is as follows. The

petitioner herein is the landlord and the respondent is the tenant.

In the revision filed by the tenant, he was given time to file an

affidavit within a particular time. According to the petitioner,

the respondent has not filed the same in time, but was filed on

16.1.2010.

3. Today it is submitted that on the basis of the application

filed by the respondent, the Court, which disposed of the revision

W.P.(C).No. 7351 of 2010

2

petition, has extended the time for filing the undertaking till 18.3.2010

on condition that the respondent will pay cost of Rs.1,500/- within

seven days. In the light of this development, we do not see any reason

to keep this Writ Petition pending.

4. Accordingly this Writ Petition is closed.

(K. M. JOSEPH)
Judge

(M.L. JOSEPH FRANCIS)
Judge

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