IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 CRP.No. 102 of 2008() --------------------- OS.1286/2003 of I ADDL.M.C.,THIRUVANANTHAPURAM .................... REVN. PETITIONER: DECREE HOLDER/PLAINTIFF ----------------------------------------- G.SUDHAKARAN NAIR, T.C.25/3063, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENTS: JUDGEMENT DEBTOR/DEFENDANT --------------------------------------- P.DEVASAHAYAM, LAILA COTTAGE, MANNANTHALA, THIRUVANANTHAPURAM, HAVING ALSO TC 25/3069, VANCHIYOOR, THIRUVANANTHAPURAM. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 102 OF 2008 --------------------- Dated this the 7thday of February, 2008 ORDER This revision petition is preferred against the order of the 1st Additional Munsiff, Thiruvananthapuram, whereby he had dismissed the execution petition. It is stated that the number of the EP is 539/06. Unfortunately, the decree holder does not furnish the details of the execution petition. So I will proceed with the matter on the understanding and basis that “the matter that has to be dealt with is the execution petition filed in OS 1286/03. It is not seen from the order that the court below has held that the decree holder is not entitled to execute the decree. It has just stated that the decree holder has not turned up. I am informed that the decree holder as well as the judgment debtor are two respectable lawyers of the same Bar and I feel that the matter has to be dealt with more care than what is done at this stage. Therefore, I set aside the order of the 1st Additional Munsiff, Thiruvananthapuram and remit back the case for a fresh disposal after affording equal opportunity to both sides to contest the case on merits. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps