High Court Kerala High Court

Muraleedharan Nair vs Saramma Koshi on 15 July, 2009

Kerala High Court
Muraleedharan Nair vs Saramma Koshi on 15 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19960 of 2009(O)


1. MURALEEDHARAN NAIR,S/O.NARAYANAN NAIR,
                      ...  Petitioner
2. AMBIKAMMA,W/O.MURALEEDHARAN NAIR,

                        Vs



1. SARAMMA KOSHI,W/O.KOSHI,AGED 62,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.K.R.SUNIL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :15/07/2009

 O R D E R
                  S.S. SATHEESACHANDRAN, J.

              ````````````````````````````````````````````````````
                   W.P.(C) No. 19960 OF 2009 O
              ````````````````````````````````````````````````````
                Dated this the 15th day of July, 2009

                            J U D G M E N T

The writ petition is filed seeking the following reliefs:-

“(i) Call for the records pertaining to

EP.No.19/07 in OS.No.8/04 of the Sub Court,

Mavelikkara and to quash Ext.P1.

(ii) Direct the Sub Court Mavelikkara to

keep the execution proceedings i EP.No.19/07

in abeyance till the final orders in Exts.P3 and

P4.”

2. Petitioners are the judgment debtors in E.P.No.19/07 in

OS.No.8/04 on the file of the Sub Court, Mavelikkara. The above

suit was one for specific performance, which was decreed exparte.

Respondent is the plaintiff/ decree holder. The judgment debtors

have moved an application for setting aside the exparte decree

with a petition to condone delay for a period of 1876 days and it is

pending enquiry, is canvassed for invoking the supervisory

jurisdiction vested with this court to stay the execution proceedings

taken by the decree holder to execute the decree. Perusing the

WPC.19960/09
: 2 :

order passed by the execution court dated 23.6.2009, copy of

which is produced as Ext.P1 in the writ petition, it is seen that the

petitioners/ judgment debtors had moved an application before the

execution court seeking the very same relief, but, it was found

meritless and dismissed. The order passed by the learned Sub

Judge would show that on a previous occasion the petitioner had

moved a writ petition before this court pursuant to steps taken

when a bank proceeded against him for realising the debt due

from him. It is further disclosed by the order that the decree holder

had paid the entire sum of Rs.5,65,535/- due to the bank, which

was due from the judgment debtors. More interestingly the order

reveals that the petitioner before filing the application for setting

aside the exparte decree, had knowledge of that decree and was

contesting the proceedings in the execution by filing one petition or

another and lastly moving a writ petition before this court also. The

writ petition is devoid of any merit, and it is dismissed.

Sd/-

(S.S. SATHEESACHANDRAN, JUDGE)
aks