This order dismissed a civil revision petition filed against an order rejecting a stay of execution. The court held the petition infructuous as the exparte decree had been set aside. No representations were filed by the petitioners.
Civil Revision Petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929
CRP.No. 628 of 2003(C)
REVN. PETITIONERS: JUDGEMENT DEBTORS 2,4,5,7,8
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS: DECREE HOLDER & JUDGEMENT DEBTORS 1, 3 AND 6
R1 BY ADV. SRI.V.R.KESAVA KAIMAL
SRI.N.M.MADHU
THIS CIVIL REVISION PETITION HAVING COME UP FOR HEARING ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.M.P.NOS.1555 & 2298/2003 IN C.R.P.NO.628/2003
DISMISSED
18/02/2008 SD/- K.T.SANKARAN, JUDGE
//TRUE COPY//
AHZ/
K.T.SANKARAN, J.
C.R.P. NO. 628 OF 2003 C -------------------------------------------Dated this the 18th February, 2008
O R D E R
The Civil Revision Petition is filed against the order dated 29.1.2003, passed by the court below, rejecting the prayer made by the petitioners for stay of execution. It was contended by the petitioners that they had filed an application for setting aside the exparte decree and pending that application, execution proceedings were liable to be stayed. Learned counsel for the first respondent submits that the exparte decree was set aside and thereafter, the executing court has passed an order which is challenged in appeal before this Court as F.A.O.No.166 of 2007. The counsel, therefore, submits that this Revision has become infructuous. There is no representation for the petitioners. The Civil Revision Petition is dismissed as infructuous.
(K.T.SANKARAN) Judge
ahz/
K.T.SANKARAN, J.
C.R.P.NO. 628 OF 2003 C
O R D E R
18th February, 2008 -------------------------------------------
1 issue framed by the court
Whether the civil revision petition should be allowed considering the decree was set aside.
MUKAMI AMMA AND ORS.
HILLVALLEY CORPORATION AND ORS.
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
