The Assyrian Charities Kuri … vs Mathew on 25 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6508 of 2005(Y)


1. THE ASSYRIAN CHARITIES KURI LIMITED,
                      ...  Petitioner

                        Vs



1. MATHEW S/O. CHIRAKKEKARAN PYLOTH,
                       ...       Respondent

2. ANEES MATHEW W/O. MATHEW, RESIDING AT

3. KOCHUTHRESSIA,

                For Petitioner  :SRI.V.CHITAMBARESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :25/06/2007

 O R D E R
                          PIUS C. KURIAKOSE, J.

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

                       W.P.(C) NO.6508 of 2005

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

              Dated this the  20th day of   June  2007


                                 JUDGMENT

Though it cannot be said that the learned Munsiff was not

correct in his view that order of attachment of movables cannot

be repeated since it was reported that the movables are not

available in the residence of the judgment debtors as alleged by

the decree holder, Sri.Chitambaresh, the learned counsel for the

petitioner submits that the order dismissing the E.P. itself is

resulting in serious prejudice to the petitioner since a fresh E.P.

will be barred by limitation. In view of the above submission I

set aside Ext.P5 and also Ext.P6.

The Execution Petition will stand restored to file and the

learned Munsiff will continue with the Execution Petition in

accordance with law.

PIUS C. KURIAKOSE,

JUDGE.

dpk

WPC No. 6508/2005 2