IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18607 of 2008(M)
1. GOPALAKRISHNAN, BHARATHESWARAM,
... Petitioner
2. SARASA DAMODAR, 217 COWTY BROWN
3. R.RADHAMANI, T.C.8/1802,
Vs
1. V.RATHNA BHAI
... Respondent
For Petitioner :SRI.SURAJ.S
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/06/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.18607 of 2008
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Dated this the 25th June, 2008.
J U D G M E N T
This petition is filed under Article 227 of the Constitution
of India to set aside Ext.P6 order and to direct the Executing Court to
pass appropriate orders in Ext.P4 petition.
2. The learned counsel appearing for the petitioner
submitted that Ext.P4 petition was subsequently dismissed by the
learned Munsiff yesterday, and petitioner is intending to file an appeal
challenging that order. Under Ext.P6 order, Executing court directed
delivery of the property, as provided under the decree. Executing
court is bound to execute the decree. I do not find any illegality or
irregularity in Ext.P6 order. The reasons stated in the petition was
existence of Ext.P4 petition. In view of the dismissal of Ext.P4 petition,
Ext.P6 order cannot be challenged on that ground. In such
circumstances, the petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.