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Sudheer vs Thahakunju

High Court Of Kerala|22 November, 2014
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JUDGMENT / ORDER

The limited prayer in this original petition filed under Article 227 of the Constitution of India is for a direction to the Munsiff Court, Karunagappally to issue a certified copy/carbon copy as the case may be of the order dated 18.11.2014 in an application filed by the petitioner as expeditiously as possible so as to enable him to take further steps in the matter. 2. The proceedings relate to execution of the award passed which is produced and marked as Ext.P1. When that was put to in execution, the petitioner objected to the execution proceedings on several grounds. It is submitted that the petitioner filed E.A.No.10/2014 on 22.01.2014 praying that evidence may be taken in the execution petition to substantiate the contentions O.P.(C) No.2755/2014 2 taken in the objection. Copy of the said petition is produced and marked as Ext.P4. The complaint is that, that application was dismissed without affording an opportunity to the petitioner to substantiate his contentions.
3. The petitioner points out that he applied for a carbon copy of the order as per E.A.No.112/2014 with C.F No.6054/2014 and C.A.No.1101/2014 and he is yet to get the order. In the meanwhile, the matter is posted for delivery to 24.11.2014. The complaint is that if a copy of the order is not available to the petitioner, he will be put to irreparable loss and injury.
4. After having heard the learned counsel for the petitioner and after having perused the records, it is felt that in the light of the order that is proposed to be passed, notice to the respondent is unnecessary.
This Original Petition is disposed of directing the Munsiff Court, Karunagappally to take such steps as are necessary to have a carbon copy/certified copy as the case may be of the order dated 18.11.2014 in E.A.No.10/2014 made available to the petitioner as expeditiously as possible, at any rate, within a O.P.(C) No.2755/2014 3 period of ten days from today. The delivery posted to 24.11.2014 shall stand deferred by two weeks.
Sd/-
P.BHAVADASAN JUDGE smp
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Title

Sudheer vs Thahakunju

Court

High Court Of Kerala

JudgmentDate
22 November, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri Asp Kurup Sri Sadchith
  • P Kurup