High Court Kerala High Court

P.C.Krishnankutty vs Abraham on 24 January, 2007

Kerala High Court
P.C.Krishnankutty vs Abraham on 24 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2880 of 2007(P)


1. P.C.KRISHNANKUTTY, AGED 58 YEARS,
                      ...  Petitioner

                        Vs



1. ABRAHAM, S/O. CHACKO, AGED 75 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.T.J.MICHAEL

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :24/01/2007

 O R D E R
                   M.SASIDHARAN NAMBIAR,J.



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                    W.P.(C) .NO.2880   OF  2007

                   ------------------------------------------


                    Dated     24th   January   2007




                            J U D G M E N T

Petitioner is judgment debtor and respondent,

decree holder in O.S.175/02 on the file of Munsiff

court, Kattappana. Grievance of petitioner is that

though he filed E.A.115/06 to set aside the sale under

Rule 90 Order XXI of Code of Civil Procedure, executing

court has not disposed the same and therefore execution

proceedings is to be stayed. On hearing learned counsel

appearing for petitioner, I do not find any necessity to

exercise the extra ordinary jurisdiction of this court

to grant an order of stay of execution proceedings.

Munsiff court, Kattappana is directed to dispose

E.A.115/06 as expeditiously as possible and at any

rate, within 30 days from the date of receipt of copy of

this judgment.

Writ petition is disposed accordingly.

M.SASIDHARAN NAMBIAR,

JUDGE.

uj.