High Court Kerala High Court

Martin vs Mary on 20 February, 2008

Kerala High Court
Martin vs Mary on 20 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 2753 of 2002()


1. MARTIN, S/O. SOURIAR,
                      ...  Petitioner

                        Vs



1. MARY, W/O. VARGHESE,
                       ...       Respondent

2. ANTONY, S/O. SOURIAR,

3. THOMAS, S/O. SOURIAR,  -DO- -DO-.

4. P.S.VARGHESE,

5. JOSE, S/O. SOURIAR,  -DO- -DO-,

6. MICHEAL, S/O. SOURIAR, -DO-  -DO-,

7. DEVASSY, S/O. SOURIAR, -DO- -DO-,

8. FRANCIS, -DO- -DO-,

9. JOHNY, PUTHUSSERY HOUSE, -DO-  -DO-.

10. KUNJUMARY,  -DO- HOUSE,

11. KOCHU RANI, D/O. SOURIAR, -DO- HOUSE,

12. ALPHONSA, D/O. SOURIAR, -DO- -DO-,

13. THRESSIA, W/O. SOURIAR, -DO- HOUSE,

                For Petitioner  :SRI.B.KRISHNA MANI

                For Respondent  :SRI.V.RAJENDRAN (PERUMBAVOOR)

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :20/02/2008

 O R D E R
                                                    K.T. SANKARAN, J.

                            ...................................................................................

                                              C.R.P. No. 2753   OF   2002

                           ...................................................................................

                                        Dated this the  20th February, 2008




                                                            O R D E R

The 8th judgment debtor is the revision petitioner. As per the decree, the decree

holder was allowed to realise a sum of Rs.35,000/- with interest from the judgment

debtors. The decree holder filed E.P.No. 391 of 1999 for execution. The revision

petitioner did not file counter. On 20.09.2002, there was no representation for the

revision petitioner before the court below. The court below passed an order to proclaim

and sell the property of the judgment debtors. It is that order which is under challenge

in this Revision.

2. There was an interim direction on 16.12.2002 to deposit a sum of

Rs.15,000/- as a condition for stay for six weeks. The learned counsel for the petitioner

is not in a position to say whether the interim order was complied with. Even otherwise,

there is no merit in this Civil Revision Petition. There is no possible defence which

could be taken to avoid payment of money as per the decree.

The Civil Revision Petition lacks merit and it is accordingly dismissed. No order

as to costs.

K.T. SANKARAN,

JUDGE.

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