Kerala High Court
Rajamma vs Sree Sankara on 23 September, 2008
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28049 of 2008(L)
1. RAJAMMA, W/O.GOPI, AGED 61 YEARS,
... Petitioner
2. P.GOPI, S/O.SANKARANKUTTY MENON,
3. RAVI, S/O.GOPI, 39 YEARS
4. RAJU, S/O.GOPI, 41 YEARS,
Vs
1. SREE SANKARA, THEOSOPHICAL SOCIETY
... Respondent
2. STATE OF KERALA, REP. BY DISTRICT
For Petitioner :SRI.JOHN VIPIN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/09/2008
O R D E R
V. RAMKUMAR , J.
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W.P.(C) No. 28049 of 2008
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Dated this the 23rd day of September, 2008.
JUDGMENT
Heard both sides.
2. The petitioners who were the defendants in a suit filed O.S. No. 696 of 2003 before the Munsiff's Court, Ernakulam seeking recovery of possession of the plaint schedule building and land, seek a writ of certiorari or other direction quashing Ext.P3 order passed by the Executing Court ordering delivery of the property and for a stay of all proceedings in execution till the final disposal of Ext.P2 appeal preferred against the ex parte decree passed on 15.09.2004.
3. The learned counsel appearing for the 1st respondent submits that the petitioner did not even file a petition under Order 9 Rule 13 C.P.C for setting aside the ex parte decree and he had vacated the plaint schedule building and it is after four years that they filed an appeal against the ex parte decree and has sought for a stay of all further proceedings in execution. W.P.(C) NO. 28049/2008 : 2:
4. I am not inclined to grant the second relief prayed for by the petitioner. This writ petition is accordingly disposed of directing the District Court, Ernakulam to hear and dispose of I.A.No. 6116 of 2008 and in case the delay is condoned to dispose of the appeal thereafter on merits.
Dated this the 23rd day of September, 2008.
V. RAMKUMAR, JUDGE.
rv W.P.(C) NO. 28049/2008 : 3: