Thomas Varghese vs Radhakrishnan Nair.P.V on 20 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1875 of 2008(S)


1. THOMAS VARGHESE, S/O.LATE VARGHESE,
                      ...  Petitioner

                        Vs



1. RADHAKRISHNAN NAIR.P.V, PLANTHANATH
                       ...       Respondent

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :20/02/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                    -------------------------------------------
                 Cont. case (C).No.1875 OF 2008
                   -------------------------------------------
            Dated this the 20th day of February, 2009


                               JUDGMENT

Perused Annexure A1 judgment and the affidavit of the

respondent. I am satisfied that the affidavit discloses fair

reasons as to why further action was not proceeded on this

matter. Taking into consideration the statement of the

respondent that the notice issued to the petitioner was returned

unserved, it is directed that the petitioner will appear before the

respondent on 12.3.2009 to mark appearance, so that the

respondent can fix appropriate date to hear the petitioner and

dispose of the matter at the earliest. As regards notice to the

auction purchaser, if such notice is not being served, the

respondent is also to take note of the contention of the

petitioner that the so called auction purchaser is itself a fictitious

description. The contempt of court case is closed preserving all

rights of the petitioner to remedies in accordance with law.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.21/2.