High Court Kerala High Court

Titus vs Samraj on 13 November, 2008

Kerala High Court
Titus vs Samraj on 13 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32728 of 2008(U)


1. TITUS, S/O.DEVADAS, AYANIVILA VEEDU,
                      ...  Petitioner

                        Vs



1. SAMRAJ, S/O.STEPHEN,
                       ...       Respondent

                For Petitioner  :SRI.P.K.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :13/11/2008

 O R D E R
                      K.P. BALACHANDRAN, J.
                    ---------------------------------------
                       W.P(c) No. 32728 of 2008
                        ------------------------------
              Dated this the 13th day of November, 2008

                               JUDGMENT

Petitioner filed this writ petition alleging that execution in E.P.

No.127 of 2006 in O.S. No.347 of 2005 was proceeding against him

and warrant was issued, that he filed I.P. No. 1 of 2007 and that was

dismissed vide Exhibit P2 order against which he preferred A.S.No.

43 of 2008 before the Sub Court, Thiruvananthapuram and also

moved Exhibit P3 petition for stay of execution and the court is not

passing any orders. Through Registry, it is got ascertained from the

Sub Judge that notice was ordered in the stay petition as also in the

appeal. Appellant did not take any steps to see that notice is served

and however that there was no move from the side of the appellant

for obtaining any stay order on stay petition. It is a clear case where

the party, to avoid execution of the decree against him is resorting to

get himself declared as an insolvent. But at the same time without

doing what is necessary in the appeal, by making false allegations he

is trying to obtain an order from this court to stay the execution till

W.P(c) No. 32728 / 2008
2

orders are passed in the stay petition filed in A.S. No. 43 of 2008,

knowing fully well that no order will be passed in A.S. No.43 of 2008,

without taking steps or making motion in that behalf before the

concerned court.

This writ petition is ill-conceived and it is dismissed.

K.P. BALACHANDRAN, JUDGE

scm