Dismissed

Ajay Kumar v. Sailaja

Kerala HC3 Dec 2008WP(C)/35727/2008

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking a stay on execution proceedings. The court held that no stay direction could be issued as the supporting applications were filed only the preceding day, leaving no time for early disposal.

What did the court decide?

The writ petition was dismissed; the petitioner may file an application directly before the execution court if they are entitled to a stay.

Ajay Kumar Vs Sailaja — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

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WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930

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WP(C).No. 35727 of 2008(C)

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AGAINST THE ORDER DATED 14/8/2008 IN EP 205/2008 IN RCP.34/2007 of THE RENT CONTROL COURT, KOLLAM

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PETITIONER(S): ---------------

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AJAY KUMAR, S/O.V.N. CHELLAPPAN, KOTTATHAZHU VEEDU, MUNDAKKAL, KOLLAM FROM JAYASREE MANDIRAM, MUNDAKKAL WEST, KOLLAM.

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BY ADV. SRI. K.SIJU SRI.PRATHEESH.P

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RESPONDENTS:

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SAILAJA, AZHAKESAN, ANJALI, KAIKULANGARA NORTH, KOLLAM FROM KOTTATHAZHA VEEDU, MUNDAKKAL, KOLLAM.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ.

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W.P.(C)NO.35727 OF 2008

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Dated this the 3rd day of December,2008

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JUDGMENT

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Raman,J.

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The prayer made in this writ petition is for stay of all further proceedings in E.P.No.205/2008 in RCP.No.34/2007 pending consideration and disposal of I.A.Nos.5810/2008 and 5812/2008 on the file of the Rent Control Court, Kollam. Admittedly, the petitioner has filed two applications, I.A.Nos.5810 & 5812/2008 only on 2/12/2008. He seeks for early disposal of the said applications and granting of stay of execution proceedings till such disposal. We cannot issue any such direction to the court below, when the petitioner has filed those applications only yesterday.

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In the circumstances, this writ petition is dismissed.

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However, if the petitioner is otherwise entitled for stay of execution proceedings, it is open to him to file an application for stay before the execution court and if such an application is filed,

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-2-

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WP(C).No.35727/2008

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the dismissal of this writ petition will not stand in the way of consideration and disposal of such application in accordance with

law.

P.R.RAMAN,

Judge.

T.R.RAMACHANDRAN NAIR, Judge.

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kcv.

Ajay Kumar v. Sailaja

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. Sailaja

Case brief

What is this about?

What did the court decide?

What the court decided

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