Ext.P1 medical certificate reflects that the petitioner underwent hip replacement surgery as early as on 09.08.2010 and was discharged from hospital on 16.08.2010. It is difficult to accept the contention of the petitioner that he is unable to climb up the stairs in the court of the Munsiff of Ottappalam in order to defend the execution petition. The court below was perfectly justified in not acceeding to the request of the petitioner for a transfer of the execution petition to the court of the Additional Munsiff of Palakkad on this count.
2. The impugned order does not suffer from any error of jurisdiction and hence the Original Petition invoking supervisory jurisdiction is dismissed. It is open to the petitioner to apply for deputing an Advocate Commissioner to examine him in evidence in the execution petition if he so desires. The motion if any made in that regard shall be dealt with by the court below sympathetically taking note of the circumstances. The execution 2 OP(C) No. 1168/2014 petition (EP No. 217/2011) shall stand adjourned by two weeks to enable the petitioner to take steps in that regard.
The Original Petition is dismissed.
ncd V. CHITAMBARESH JUDGE