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Kizhakke Kodiyath Ranjith vs Chemmancherry Puthiya Veettil … on 18 November, 2008

Kerala High Court
Kizhakke Kodiyath Ranjith vs Chemmancherry Puthiya Veettil … on 18 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 827 of 2008()


1. KIZHAKKE KODIYATH RANJITH,
                      ...  Petitioner

                        Vs



1. CHEMMANCHERRY PUTHIYA VEETTIL JANAKI,
                       ...       Respondent

2. CHEMMANCHERRY PUTHIYA VEETTIL KUNHIRAMAN

3. CHEMMANCHERRY PUTHIYA VEETTIL

4. CHEMMANCHERRY PUTHIYA VEETTIL RAGHAVAN,

5. CHEMMANCHERRY PUTHIYA VEETTIL KRISHNAN,

6. CHEMMANCHERRY PUTHIYA VEETTIL

7. CHAMMANCHERRY PUTHIYA VEETTIL

8. MAYILAPPALLI PAYYADAKATH KUNHIKANNAN,

9. MAYILAPPALLI PAYYADAKATH RAGHAVAN,

10. MAYILAPPALLI PAYYADAKATH BALAKRISHNAN,

                For Petitioner  :SRI.V.N.RAMESAN NAMBISAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :18/11/2008

 O R D E R
                      K.P. BALACHANDRAN, J.
                     -------------------------------------
                         C.R.P No. 827 of 2008
                        ------------------------------
               Dated this the 18th day of November, 2008

                                  ORDER

Petitioner is the son of the 3rd J.D in O.S. No.170 of 1990. He

filed E.A. No.246 of 2008 in E.P. No.57 of 2008 in the aforesaid suit

for getting himself impleaded as an additional J.D. That petition was

dismissed by the execution court vide order dated 24/09/2008. He filed

this C.R.P for assailing the correctness of the said order.

2. Heard counsel for the petitioner. He submits that father of

the petitioner has transferred to him under document No.1279 of 2008

of S.R.O., Payyannur, two items of properties that belonged to him and

Item No.2 therein is the decree schedule property and therefore, he may

also be impleaded as J.D. on the execution side allowing E.A. No.246

of 2008.

3. It is worthy to note that the suit is of the year 1990. The

petitioner is none other than the son of Sri. Raghavan Nambiar, 3rd J.D

in O.S. No.170 of 1990. He is transferee pendente lite of the schedule

property from his father, 3rd judgment debtor. The petitioner is

C.R.P No. 827 /2008
2

therefore, bound by the decree being 3rd party, who has acquired rights

if any pending suit. He has no right to raise objection to the decree in

execution. He has sought impleadment on the execution side only to

protract and delay the execution of the decree. The executing court is

not entitled to go behind the decree and has rightly found that the

petitioner is not entitled to get himself impleaded in the execution

petition.

In the circumstance, the C.R.P is dismissed.

K.P. BALACHANDRAN, JUDGE

scm

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