IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20337 of 2010(O)
1. STATE OF KERALA, REP. BY CHIEF SECRETARY
... Petitioner
2. THE SUPERINTENDING ENGINEER, KIP,
Vs
1. YOHANNAN KURIAKOSE, GOVERNMENT
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :02/07/2010
O R D E R
THOMAS P.JOSEPH, J.
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W.P(C) NO.20337 of 2010
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Dated this the 2nd day of July, 2010
J U D G M E N T
This Writ Petition is filed by the State challenging Ext.P7,
order of learned Principal Sub Judge, Ernakulam on E.A. No.888 of
2008 in E.P. No.518 of 2008 in O.P(Arb.) No.31 of 1995. Grievance
of State is that learned Sub Judge has entertained the execution
petition without a decree, no decree had been drawn up pursuant
to the judgment passed by the learned Sub Judge in the Original
Petition and in spite of objection raised by petitioner in that line
that objection (Ext.P6) has not been considered. Instead learned
Sub Judge has proceeded with execution of the decree and
ordered attachment of the amount. Learned Government Pleader
contended that in so far as no decree has been drawn up pursuant
to the judgment in O.P. No.31 of 1995 execution petition itself is
not maintainable.
2. I am not going into the question whether in the
absence of a decree execution petition is not maintainable or not
since that is a matter to be decided by the learned Sub Judge at
W.P(C) No.20337 of 2010
-: 2 :-
the first instance. I direct the learned Sub Judge to consider the
objection raised by petitioner as to the maintainability of
execution petition and pass appropriate orders. Until objection is
considered and appropriate orders are passed amount attached
shall not be disbursed to the respondent.
Writ Petition is disposed of with the above direction.
THOMAS P. JOSEPH, JUDGE.
vsv