Khalid, v. Vinayakumar
Case brief
What is this about?
The High Court of Kerala dismissed a writ petition filed by a judgment debtor seeking to stay execution proceedings and limit issuance notice on a pending petition against an ex parte decree.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930
WP(C).No.238 of 2009 (C)
------------------------------OS.481/2004 of SUB COURT, VADAKARA
PETITIONER/JUDGMENT DEBTOR/RESPONDENT IN E.P.57/05/DEFENDANT IN O.S.481/04:
------------------------------------------------------------
KHALID, S/O.ABOOBACKER, AGED 42 YEARS, KARIMBANAPUNATHIL HOUSE, VADAKARA AMSOM DESOM, VADAKARA TALUK.
BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY SRI.ZUBAIR PULIKKOOL
RESPONDENT/DECREE HOLDER/PETITIONER IN E.P.57/05/PLAINTIFF IN O.S.481/04:
Issues for consideration
3 issues framed by the court
Whether the Writ Court ought to stay the execution or refresh the notice on pending petition against the ex parte decree.
Whether the writ petition is maintainable to delay payment of decree debt.
Whether the delay in filing petition to set aside ex parte decree warrants judicial intervention.
Parties & counsel
- petitioner
Khalid
- respondent
Vinayakumar
Coram
K.P. Balachandran
Case details
As recorded by the court registry
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