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K.Subheesh

High Court Of Kerala|20 October, 2014
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JUDGMENT / ORDER

In this Original Petition, the following reliefs are sought for:
“1. Declare that steps taken by the Honourable Munsiff Court, Parappanangadi in E.P. 268/2010 in issuing arrest warrant against the petitioner is in clear violation of law, hence illegal and liable to be stopped.
2. Declare that the petitioner who has paid the entire dues payable by him to the respondent cannot be proceeded against till the Revision Petition No. 5 of 2011 pending before the Co-operative Tribunal, Thiruvananthapuram is considered.
3. Issue a direction directing the Co-operative Tribunal, Thiruvananthapuram to consider and pass appropriate orders in accordance with law in Revision Petition No.5 of 2011 pending before the same within a time frame fixed by the Honourable Court.
OP.(C). 2916/2013.
2
4. Issue a direction directing the Execution Court not to proceed with the arrest warrant against the petitioner initiated through Ext.P5 unless and until the Revision Petition No. 5/2011 is considered by the Co-operative Tribunal, Thiruvananthapuram.
.......... ”
2. Adv. V. Rajendran appears for the first respondent.
3. After heaving heard counsel on both sides, there is no reason to reject the relief sought for in this petition especially in view of the fact that the entire amount has been paid and a revision is pending before the Tribunal.
This Original Petition is disposed of with a direction to the Co-opertive Tribunal, Thiruvananthapuram to take up R.P.5 of 2011 and pass orders in accordance with law as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of this judgment.
OP.(C). 2916/2013.
3 Till the revision is disposed of, execution proceedings shall be kept in abeyance.
P. BHAVADASAN, JUDGE sb.
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Title

K.Subheesh

Court

High Court Of Kerala

JudgmentDate
20 October, 2014
Judges
  • P Bhavadasan
Advocates
  • Smt
  • P Rani Diothima