IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2547 of 2007(C)
1. K.E.GEORGE, AGED 33, S/O.ESSY,
... Petitioner
2. K.E.SEVY, S/O.ESSY, AGED 30,
Vs
1. K.K.REGHU, AGED 67, S/O.NALLAKKAN,
... Respondent
For Petitioner :SRI.K.C.CHARLES
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :23/01/2007
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C) .NO.2547 OF 2007
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Dated 23rd January 2007
J U D G M E N T
This petition is filed under Article 227 of
Constitution of India for a direction to Sub Judge,
Kochi to dispose Ext.P2 application filed under Order
XLI Rule 5 (2) of Code of Civil Procedure and stay the
execution of the order in I.A.568/06 in O.S.288/05.
Learned Sub Judge has reported that though Ext.P2
application was heard and posted for orders, it was
found that it is necessary to hear respondent before
pronouncing the order and therefore notice was ordered
and Ext.P2 application stands posted to 8/2/2007.
Learned Sub Judge is directed to dispose Ext.P2, as
expeditiously as possible and at any rate on the next
posting day. Ext.P1 order does not show that petitioner
shall personally appear before learned Munsiff. In such
circumstance, I do not find any necessity to issue
direction to dispense with the appearance as sought
for.
Writ petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.