IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27503 of 2010(O)
1. GOWRIKUTTY AMMA BHANUMATHY AMMA,
... Petitioner
Vs
1. RAHEL, W/O.LATE SAMUEL,
... Respondent
2. LOOKOSE, S/O.SAMUEL, PARAYUDE
3. RAHEL NAVOMY, D/O.RAHEL,
4. RAHEL MARIA, D/O.RAHEL,
5. RAHEL SARAMMA, D/O.RAHEL,
For Petitioner :SRI.K.SASIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :06/09/2010
O R D E R
THOMAS P JOSEPH,J.
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W.P(C).NO. 27503 OF 2010
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Dated this the 6th day of September, 2010.
JUDGMENT
Petitioner is the decree holder in E.P.No.131/2005 in
O.S.No.402/1997 of the court of learned Munsiff, Adoor. Petitioner has
obtained a decree for declaration of title over plaint C schedule and its
recovery of possession with mesne profits. Petitioner launched execution.
Respondents claimed that they have preferred appeal in this court
challenging judgment and decree of the appellate court. But, no stay order
was produced. It is pointed out by learned counsel that executing court
adjourned the case from 5.7.2008 to 16.7.2010 directing respondents to
produce the stay order or file affidavit but that has been done. Learned
counsel therefore seeks a direction for early disposal of the execution
petition.
2. Having regard to the facts and circumstances of the case, I make it
clear that it will be open to the petitioner to request learned Munsiff to
expedite execution proceedings.
The writ petition is closed the above direction.
THOMAS P JOSEPH,JUDGE.
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