Chandu Muhammed vs C.S.Rajeevan
2023 Latest Caselaw 3310 Ker

OP(C) NO. 202 OF 2015
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                        OP(C) NO. 202 OF 2015
  AGAINST THE ORDER/JUDGMENT IN OS 101/2007 OF PRINCIPAL SUB
                             COURT, PALAKKAD
PETITIONER/S:

            CHANDU MUHAMMED
            AGED 63 YEARS
            S/O.ATHAAR RAWTHER, MADEENA MANZIL, ARUMUGAN
            GARDEN, CHANDRANAGAR, PALAKKAD.

            BY ADV SRI.JACOB SEBASTIAN



RESPONDENT/S:

            C.S.RAJEEVAN
            S/O.C.S.BARATHAN, SRAMBIKKAL HOUSE, SREE NARAYANA
            NAGAR, KALMANDAPAM, PALAKKAD, PIN - 678 007.


     THIS    OP    (CIVIL)    HAVING    COME   UP   FOR   ADMISSION   ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 202 OF 2015
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                        JUDGMENT

The original petition is filed to set aside Ext.P2 order

passed in EP No.8/2012 in OS No.101/2007 of the Court of

the Principal Subordinate Judge, Palakkad. Although this

Court had initially granted an order of stay which was

extended till 19.03.2015, the same has not been extended

thereafter.

2. At this distance of time, i.e., after a lapse of nearly

eight years, I am of the definite view that the execution

proceedings itself has been culminated. Therefore, I hold

that the original petition has become infructuous.

Resultantly, without prejudice to the right of the

petitioner to challenge any subsequent orders passed in

the execution petition, the original petition is dismissed as

infructuous.

Sd/-

C.S.DIAS JUDGE rkc/23.03.23