IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 576 of 2004()
1. THE CATHOLIC SYRIAN CHRISTIAN CO. LTD.,
... Petitioner
Vs
1. GANGADHARAN S/O. KARAYIL KUNJIKORAN,
... Respondent
For Petitioner :SRI.K.N.PADMAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
Dated :17/07/2007
O R D E R
P.R.RAMAN J.
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C.R.P.No.576 OF 2004
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Dated this the 17th day of July, 2007
O R D E R
This revision is directed against the order dated 3/12/2003 passed in
E.P.No.839/2002 in O.S.No.2814/86 by the Munsiff’s Court, Thrissur. In
execution of the money decree the petitioner herein filed E.P.No.1279/98
before the Munsiff’s Court. In that E.P. the Munsiff’s Court directed the lst
respondent-Gangadharan, who is the respondent in the present E.P., to pay
Rs.2,000/- every month as per order dated 5/10/1999 and in case of default,
to file fresh execution petition. It appears that respondent herein committed
default in making the payment as directed. Therefore, the petitioner filed
E.A.No.1082/00 to continue the execution, though the prayer was for
restoration of the E.P. That was dismissed by the Munsiff’s Court.
Thereafter, the present E.P. was filed. Admittedly, the present E.P is barred
by limitation. A copy of the order in E.P.No.1279/98 was made available
for perusal shows that as noticed earlier, it was closed after directing the
respondent herein to pay the decree amount at the rate of Rs.2,000/- per
month. However, since he committed default, the petitioner had a right to
get the E.P. revived and continue. That E.P. however was dismissed against
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C.R.P.NO.576/2004
which no steps were taken. Admittedly, the present E.P. is barred by
limitation, the correctness of which alone is to be considered in this
revision. Since admittedly the present E.P. is barred by limitation, no
relief can be granted to the petitioner. I do not find any error in
dismissing the present E.P.
C.R.P. is accordingly dismissed.
P.R.RAMAN,
Judge.
kcv.