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Priyesh B Kartha

High Court Of Kerala|13 November, 2014
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JUDGMENT / ORDER

The main relief sought for by the petitioner is as follows:
“i. Issue directions to the Munsiff's Court, Perumbavoor and call for the records in E.P. No. 30 of 2014 in O.S. No. 234 of 2012 and verify the correctness of the proceedings and direct the Munsiff to issue the certified copy of the order in E.A. No. 168 of 2014 in E.P. No. 30 of 2014, to the petitioner, so as to enable him to challenge the impugned order.”
2. The grievance of the petitioner is that in three C.M.As. costs was ordered to be paid by him and the decree holder instituted a single E.P. for execution of all the orders. It is contended that such a petition is not maintainable and separate execution petitions will have to be filed to realise costs awarded in each of the C.M.As.
.O.P.(C). 2635/2014. 2
3. It is pointed out that the respondents have filed an amendment application and the court below overruling the objections raised by the petitioner allowed the amendment application. According to the petitioner, even though he has applied for certified copy of the order in the application so that he will be able to pursue further remedies, the same was not issued to him so far. In the meanwhile, the matter is posted for evidence. It is contended that if the certified copy is not made available, the petitioner will not be able to pursue further remedies and if in the meanwhile execution proceedings continued, it may cause irreparable loss and injury to the petitioner.
4. In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
In the result, this Original Petition is disposed of directing the court below to issue certified copy of the order in E.A. 168 of 2014 in E.P. 30 of 2014 within two weeks from .O.P.(C). 2635/2014. 3 today and in the meanwhile further proceedings in the E.P. Shall stand stayed.
sb.
P. BHAVADASAN, JUDGE
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Title

Priyesh B Kartha

Court

High Court Of Kerala

JudgmentDate
13 November, 2014
Judges
  • P Bhavadasan
Advocates
  • P M Joshi Sri
  • K T Saju