IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6624 of 2007(L)
1. BALACHANDRAN, S/O.MADHAVAN ACHARI,
... Petitioner
Vs
1. PARAMESWARAN NAIR, KARTHIKA VEEDU,
... Respondent
2. M.A.NARAYANA KURUP, VASANTHAM VEEDU,
For Petitioner :SRI.R.ARUN RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :27/02/2007
O R D E R
K.P.BALACHANDRAN, J.
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W.P.(C)NO.6624 OF 2007
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Dated this the 27th day of February 2007
JUDGMENT
Petitioner is the judgment debtor in O.S.232/04 on the file
of Munsiff’s Court, Changanacherry. In execution of decree in
O.S.234/04 it is submitted that the delivery stands posted to
tomorrow.
2. Counsel for the petitioner submits that O.S.262/06 filed
by the petitioner against the decree holders for a declaration
that the suit document in O.S.232/04 is one fabricated
fraudulently as a sale deed when actually it was intended as a
mortgage deed is pending before the Munsiff’s Court,
Changanacherry and that an appeal also is filed against the
decree and judgment in O.S.232/04 before the District Court,
Kottarakkara from which however no stay could be obtained as
there was delay of 135 days in filing the appeal and that
therefore stay of delivery be ordered.
It is overruling the objection filed by the petitioner that
Ext.P1 order is passed by the Execution Court allowing execution
of the decree in O.S.232/04 and posted the execution petition for
W.P.(C)NO.6624 OF 2007
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delivery to 28.2.2007. The said order is passed on 7.2.2007. In
view of the delay in filing this writ petition, I do not find any
reason why even breathing time has to be given to the petitioner,
especially when he was not at all vigilant in prosecuting the case
and even appeal from the decree under execution was filed with
a delay of 135 days. When the appellate court is not able to pass
order of stay in view of delay in filing the appeal it is not proper
for the judgment debtor to approach this court filing a writ
petition seeking stay of execution. This writ petition in the
circumstances is devoid of merit and is dismissed.
K.P.BALACHANDRAN, JUDGE
jes