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Judgment
8 paragraphs · 450 wordsC.S.Dias, J
The original petition is filed to direct the Court of the Additional District Judge-II, Thrissur, to issue the certified copy of the order dated 20.01.2023 passed in E.P. No.382/2017 as expeditiously as possible.
The petitioner’s case is that, he is the second judgment debtor in E.P No.382/2017. The first respondent is the decree holder and the second respondent is the first judgment debtor in the execution petition. The court below has issued a warrant of arrest against the petitioner and the second respondent without complying with the statutory formalities. Although the petitioner has applied for a copy of the proceedings, as per Ext.P8 application, the same has not been issued. Instead, the court below is repeatedly issued the warrant of arrest against the petitioner and the second respondent. The petitioner is suffering from age old ailments and the second respondent is mentally unfit. If they are arrested, they would be put to severe prejudice to them. Hence, the court below may be directed to issue the certified copy of the proceedings dated 20.01.2023 and further proceedings in E.P. No.382/2017 be kept in abeyance.
Heard; Sri. K.R. Arun Krishnan, the learned counsel appearing for the petitioner. In the light of the limited relief that I propose to pass, I dispense with notice to the respondents.
On an evaluation of the pleadings and materials on record, it is seen that the court below has issued a warrant of arrest on 20.01.2023 against the petitioner and the second respondent, without conducting an enquiry as contemplated under Order 21 Rule 37 of the Code of Civil Procedure. Although the petitioner has applied for the copy of the proceedings, as evidenced by Ext.P8 dated 24.2.2023, the same has not been issued to the petitioner till date. Thus, I am of the firm view that the court below is to be directed to issue the certified copy of the proceedings to the petitioner to workout his remedies in accordance with law, until such time further proceedings in the execution petition kept in abeyance.
Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition as follows:-
(i) The Court of the Additional District Judge-II, Thrissur, is directed to issue the certified copy of the proceedings dated 20.01.2023, issuing a warrant of arrest against the petitioner and the second respondent, in accordance with law and as expeditiously as possible, at any rate, within a period of two week from today, as per Ext.P8 copy application filed by the petitioner.
(ii) The court below is directed to defer further proceedings in E.P No.382/2017 by a period of four weeks.