IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 CRP.No. 130 of 2008() --------------------- AGAINST THE ORDER DATED 07/11/2007 IN EP.100/07 IN ARC.447/2004 of MUNSIFF COURT, QUILANDY .................... REVN. PETITIONERS: RESPONDENTS/ JUDGMENT DEBTORS ---------------------------------------------------------------- 1. KUZHIKKANDATHIL LAKSHMI D/O. CHAPPA KURUPURUP BALUSERY AMSOM, PUTHOORVATTOM DESOM KOYILANDY TALUK. 2. KUZHIKAKANDATHIL KARUNAKARA KURUP D/O.CHANDUKUTTY KURUP DO..DO.. 3. KUZHIKKANDATHIL SHYNI, D/O,KARUNAKARA KURUP DO..DO.. BY ADV. SRI.SANTHARAM.P RESPONDENT/ PETITIONER/ DECREE HOLDER: ------------------------------------------ THE SECRETARY, REGIONAL CO-OPERATIVE BANK, BALUSSERY BALUSSERY AMSOM DESOM KOYILANDY TALUK. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2008 ALONG WITH C.R.P. 131/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. Nos. 130 & 131 OF 2008 --------------------- Dated this the 13thday of February, 2008 ORDER These revision petitions are preferred against the orders in EP 100/07 in ARC 447/04 and EP 98/07 in ARC 462/04 respectively on the file of the Munsiff, Koyilandy. 2. Learned counsel for the revision petitioners has brought to my notice a decision rendered by me with respect to the same judgment debtor in EP 93/07 in ARC 446/04. In the said case I have taken a view that “since the revision petitioner has moved the Farmers Debt Relief Commission (Act 1 of 2007) it is a point that has to be considered and it shall not be too technical to consider that plea.” It is the same petitioners and if they are entitled to the benefits under the Act promulgated by the Government, an opportunity has to be given for putting forthwith the same. Therefore the orders under challenge is set aside and the petitioners are permitted to adduce both documentary and oral evidence in support of their respective contentions and in case of any additional counter affidavit is filed the decree holder can file a C.R.P. Nos. 130 & 131/08 2 replication or rejoinder and the matter be disposed of in accordance with law. Since I am disposing of the case at the admission stage itself, on appearance of the revision petitioners the court shall give notice to the counsel for the decree holder, fix up a date for appearance and hearing and then dispose of the matter in accordance with law. Since I have set aside the orders, the warrant of arrest shall not be executed until further orders are passed and after considering the matter afresh. The civil revision petitions are disposed of accordingly. M.N.KRISHNAN, JUDGE vps C.R.P. Nos. 130 & 131/08 3