The High Court of Kerala, in a writ petition under Article 226, refused to stay delivery of property. The court directed the Sub Judge to dispose of pending execution petitions by a specific date and refrain from delivering property until then.
directed Sub Judge to dispose pending petitions by 21.6.2008 and not deliver property till that date
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930
WP(C).No. 18222 of 2008(T) ---------------------------------------(O.S.NO.33/2002 OF SUB COURT, PALAKKAD)
PETITIONERS:CLAIM PETITIONERS/3RD PARTY:
2. FATHIMA, D/O.MUHAMMED RAWUTHER @ ALI SAHEB
BOTH RESIDING AT CHUNGATH PARAMBU VEEDU, MANIKKUPADAM, VADAKKENCHERY, ALATHUR, PALAKKAD.
BY ADV. SRI.VINOD KUMAR.C
RESPONDENTS: DECREE HOLDER/JUDGMENT DEBTOR:
2. AISUMMA, W/O.MUHAMMED RAWUTHER @ ALI SAHEB
3. V.A.RAHIMAN, S/O.MUHAMMED RAWUTHER @ ALI SAHEB
4. V.A.SHAJAHAN, S/O.MUHAMMED RAWUTHER @ ALI SAHEB
5. V.A.NAZAR, S/O.MUHAMMED RAWUTHER @ ALI SAHEB
6. V.A.SKEER HUSSAIN, S/O.MUHAMMED RAWUTHER @ ALI SAHEB
RESPONDENTS 2 TO 6 ARE RESIDING AT CHUNGATH PARAMBU VEEDU, MANIKKUPADAM VADAKKENCHERY, ALATHUR, PALAKKAD.
BY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No.18222 OF 2008
DATED THIS THE 18th DAY OF JUNE, 2008
JUDGMENT
Petitioners are the claim petitioners in Ext.P2 petition (I.A.4686 of 2007) in O.S.33 of 2002 on the file of Sub Court, Palakkad. Along with Ext.P2, they filed Ext.P3 petition to order stay of delivery ordered by the court in the execution proceedings. This petition is filed under Article 227 of Constitution of India, contending that learned Sub Judge has not passed any order in Ext.P2 or P3 petitions and if before passing the order, property is to be taken delivery, the very same petition will become infructuous. Learned counsel submitted that Ext.P2 and P3 petitions are posted to 21.6.2008.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-
1 issue framed by the court
Whether the High Court should have stayed the delivery of property pending disposal of petitions in the Sub Court.
Sabeer, S./o.Muhammad Rawuther @ Ali Sheb
Fathima, D/o.Muhammad Rawuther @ Ali Sheb
Sailavudheen, S/o.Ibrahim
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
