Vasudeva Pai vs Dr.Jaikumar Pai
2021 Latest Caselaw 3009 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       CRP.No.33 OF 2021

    AGAINST THE ORDER DATED 20-01-2021 IN E.P.119/2020 IN OS
         175/1996 OF II ADDITIONAL SUB COURT,ERNAKULAM

                            -----------


REVISION PETITIONER/JUDGMENT DEBTOR:

             VASUDEVA PAI
             AGED 72 YEARS
             S/O. LATE N.V VAMANA PAI, SOUTH MUNDASSERY HOUSE,
             NEAR JAINA TEMPLE, SREENIVASA MALLAN ROAD,
             ERNAKULAM.

             BY ADVS.
             SRI.A.X.VARGHESE
             SRI.A.V.JOJO

RESPONDENT/DECREE HOLDER:

             DR.JAIKUMAR PAI
             S/O. LATE N.V VAMANA PAI, NANDATHEERTHAM ,
             GCEDA COLONY ROAD, VADUTHALA,
             VADULTHALA P.O, PIN 682 023


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 27.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                     SATHISH NINAN, J.
           ==================
                   C. R. P. No.33 of 2021
           ==================
          Dated this the 27th day of January, 2021

                                 ORDER

Order for delivery in execution of a decree for

recovery of possession, is under challenge in this revision by the judgment debtor.

2. The Regular First Appeal having been heard

and dismissed on merits on 19.05.2020, the

execution court was right in holding that the

execution petition is within time. Though the trial

court decree was passed in the year 2007, it has

merged with the appellate court decree, and

limitation begins to run from the date of the

appellate decree. Since there is no order of stay

against execution, the execution court was right in

ordering delivery.

CRP fails and is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

                       //True Copy//                          P.S. to Judge