Petitioner, judgment debtor, filed writ petition against execution warrant. Court observed delay in filing prima facie shows lack of bona fides. Writ petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931
WP(C).No. 28980 of 2009(O)
--------------------------------------AGAINST THE ORDER IN EP 1206/08 IN OS.2824/2006 of II ADDL.MUNSIFF COURT,THRISSUR .
PETITIONER(S): ----------------------
1. JAYASANKAR, AGED 38, S/O.PARAMESWARAN NAIR, VILAKKAPPILLY HOUSE, AYYANTHOSE VILLAGEDESOM THRISSUR TALUK.
2. RAMADAS, S/O. PARAMESWARAN NAIR VILAKKAPILLY HOUSE AYYANTHOLE VILLAGE DESOM, THRISSUR TALUK.
3. BABURAJ, S/O. ARAKKAL CHAKUNNY OLLUKARA VILLAGE, MULLUKARA DESOM, THRISSUR TALUK. BY ADVS. MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH)
RESPONDENT(S):
-------------------------
MIDDLE STATE KURIES AND LOANS (P) LTD., THRISSUR.P.O. THRISSUR.
R1 BY ADV. MR.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.28980/2009
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE EP. NO.1206/08 IN OS. 2824/06 DTD. 17.7.08 ON THE FILE OF THE MUNSIFF COURT, THRISSUR.
P2:- COPY OF THE OBJECTION FILED BY THE PETITIONER DTD. 27.5.09 IN EXT.P1 ON THE FILE OF THE MUNSIFF COURT, THRISSUR.
P3:- COPY OF THE ORDER PASSED IN EP. 1206/08 IN OS NO. 2824/06 DTD. 20/2/09 ON THE FILE OF THE 2ND ADDL. MUNSIFF COURT, THRISSUR.
TRUE COPY
P.A. TO JUDGE
S.S.SATHEESACHANDRAN, J.
W.P.(C).No.28980 OF 2009
Dated this the 19th day of November 2009
JUDGMENT
Petitioner is the judgment debtor in E.P No.1206 of 2008 in O.S No.2824 of 2006 on the file of Munsiff Court, Thrissur. Decree executed is one passed in a suit for money, and respondent is the decree holder. While admitting the writ petition, petitioners/judgment debtors were directed to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) to stay operation of the warrant issued against them for nondischarge of the decree debt. It is reported that the
interim direction has not been complied with.
S.S.SATHEESACHANDRAN,
JUDGE
vdv
1 issue framed by the court
Whether the writ petition filed to stay execution warrant was filed without bona fides.
Jayasankar
Middle State Kuries and Loans (P) Ltd.
S.S.Satheesachandra N
As recorded by the court registry
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