Babu C.K vs Lakshmi Muraleedara Menon

C.S Dias, J

The original petition is filed to direct the Court of the Munsiff, Ottapalam, to issue the certified copies of the orders passed in I.A.Nos.3284/2022 and 3323/2022 in O.S.No.322/2022, within a time frame and until such time, to stay the operation of the order in I.A.No.3284/2022.

The petitioner contends that he is the defendant in the above suit which is filed by the respondent. The respondent had filed I.A.No.3284/2022, for an order to attach the properties mentioned in the application before judgment. On 03.09.2022, the court below had passed an order in I.A.No.3284/2022, directing the petitioner to furnish the security for an amount of Rs.7,00,000/- on or before 15.09.2022 or to show cause. The petitioner is aggrieved by the said order. The petitioner proposes to challenge the said order by preferring an appeal. Even though he has made an application to get certified copy of the order, the same has not been issued. He has also filed I.A.No.3323/2022, seeking enlargement of time to file counter affidavit in I.A.No.3284/2022. The said application is also dismissed. Hence, the petitioner seeks a direction to the court below to issue the certified copy of the above orders.

Heard; Sri. K.B. Arunkumar, the learned counsel appearing for the petitioner. In view of the limited relief that I propose to pass, I dispense with notice to the respondent.

On a consideration of the pleadings and materials on record, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the court of the Munsiff, Ottapalam, to issue the certified copies of the orders in I.A.Nos.3284/2022 and 3323/2022, in accordance with law, as expeditiously as possible, at any rate, on or before 17.09.2022. The court below is directed to defer making the order of conditional attachment absolute till 23.09.2022.

The original petition is ordered accordingly.