High Court Kerala High Court

Sasidharan vs Ravi on 15 June, 2007

Kerala High Court
Sasidharan vs Ravi on 15 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5755 of 2005(I)


1. SASIDHARAN, KANISSERYIL HOUSE,
                      ...  Petitioner
2. UMMANANDAN, VALLIYIL HOUSE,

                        Vs



1. RAVI, S/O.NARAYANAN,
                       ...       Respondent

                For Petitioner  :SRI.P.K.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :15/06/2007

 O R D E R


                             PIUS C. KURIAKOSE,J.

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                            W.P.(C) No.5755 of 2005

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                              Dated: 15th June, 2007


                                      JUDGMENT

The grievance of the petitioners is that the execution court has

ordered warrant against them in execution of a decree for prohibitory

injunction on the basis that they have violated the decree.

2. Even though several attempts were made to take effect

service on the respondent, the respondent decree-holder has not

been served with notice. As directed by me copy of the Writ Petition

was sent to the Advocate who appeared for the respondent before

the court below by registered post with acknowledgment card. Even

then there is no appearance for the respondent.

3. Mr.P.K.Muhammed, learned counsel for the petitioners

submits that the petitioners are not parties to the decree. A perusal

of the copies of the decree and the execution petition will clearly

show that the petitioners are not parties to the decree. In fact the

order of arrest seems to have been passed upon E.A.No.11/05 which

was later filed by the respondent-decree-holder alleging that the

petitioners along with one K.K.Viswanathan are the stooges of the

judgment-debtors and that they have assisted the judgment-debtors

in the matter of violating the decree. Mr.Muhammed submits that the

W.P.C.No.5755/05 – 2 –

petitioners came to have any information about the pendency of

proceedings only when they were attempted to be arrested on the

basis of the orders passed in E.A.11/05. In other words, the

submission is that orders was passed in E.A.11/05 without hearing

the petitioners. I notice merit in the above contention. Accordingly,

the order of arrest passed against the petitioners on the basis of

E.A.11/05 in E.P.24/02 in O.S.No.329/97 on the files of the Munsiff’s

court, Peermade is set aside. The learned Munsiff is directed to issue

notice to the petitioners, hear them and also the decree-holder and

pass fresh orders in E.A.11/05 at his earliest and at any rate within

four months of receiving copy of the judgment.

The Writ Petition is allowed as above. No costs.

srd                                                     PIUS C.KURIAKOSE, JUDGE