IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 C.R.P.No. 297 of 2007(A) --------------------------- AGAINST THE ORDER DATED 28/02/2007 IN E.P. No. 874/2005 IN OS.105/2002 OF PRL.M.C.,ERNAKULAM ............................... PETITIONER IN CRP/3RD JUDGMENT DEBTOR IN E.P.: --------------------------------------------------------------------------- K.K.SUNDARAM, S/O.KUNJAN ACHARI,AGED 38 YEARS,KOCHUKARIPPAL JWELLERY WORKS,PUTHENCRUZE P.O, KARIMUKAL,RESIDING AT NJARAVELIL HOUSE, TEMPLE ROAD,KADAVANTHARA,ERNAKULAM. BY ADV. SRI.SABU THOZHUPPADAN RESPONDENT/DECREE HOLDER IN EP: ------------------------------------------------------ BABY JOHN,W/O.JOHN,AGED 65 YEARS, KIZHAKKEDATH HOUSE,EDAPPALLY NOW RESIDING AT HOUSE NO.26,AMBILI NAGAR,NORTH FORT GATE, TRIPUNITHURA. ADV. SMT.T.S.MAYA (THIYADIL) SMT.K.REENA - R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.No. 297/2007 ORDER ON I.A. NO.871 OF 2007 IN C.R.P. NO.297 OF 2007 DISMISSED 14/11/2008 SD/ K.P. BALACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm K.P. BALACHANDRAN, J. ------------------------------------- C.R.P. No. 297 of 2007 ------------------------------ Dated this the 14th day of November, 2008 O R D E R Counsel for the respondent/decree holder submits that the decree holder has attached eight cents of property belonging to the 3rd judgment debtor, who is the revision petitioner before me and they want to proceed against the said property without proceeding with personal execution as against the 3rd judgment debtor. In view of the above submission, stay is vacated. The order of the court below in relation to the petitioner/3rd J.D is set aside without prejudice to the decree holder moving against the 3rd J.D. afresh for personal execution if the decree is not satisfied despite the sale of the property attached before judgment. This C.R.P is disposed of with the above direction. K.P. BALACHANDRAN, JUDGE scm