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Judgment
8 paragraphs · 365 wordsC.S.Dias, J
The original petition is filed, inter alia, to direct the Court of the Munsiff, Perumbavoor, to issue the carbon copies of the orders passed in E.A.No.229/2022(Ext.P7) and E.A.No.230/2022(Ext.P8) in E.P.No.11/2017 in O.S.No.189/2016 within a time frame and until such time to direct the further proceedings in E.P.No.11/2017 to be kept in abeyance.
The grievance of the petitioner is that: even though she had filed Ext.P7 application, under order 21 Rule 97 and Ext.P8 application under Order 26 Rule 10(3) of the Code of Civil Procedure, the court below dismissed the above applications on 27.09.2022. Although the petitioner has applied for the carbon copies of the orders passed in the above applications, the same has not been issued. But, the court below is hastily proceeding with E.P.No.11/2017. If the petitioner is not granted a breathing time to challenge the orders passed on Exts.P7 and P8 applications, she would be put to severe prejudice. Hence, the original petition.
Heard; Sri.R.Divakaran, the learned counsel appearing for the petitioner. In light of the limited relief that I propose to pass, I dispense with notice to the respondents.
On a consideration of the pleadings and materials on record and taking note of the fact that the court below has dismissed Exts.P7 and P8 applications, but the carbon copies of the orders have not been issued till date, I am of the view that the court below is to be directed to issue the orders within a time frame and until such time, further proceedings in the execution petition be kept in abeyance.
In the result, 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 Munsiff, Perumbavoor, is directed to issue the carbon copies of the orders passed in Exts.P7 and P8, in accordance with law, as expeditiously as possible, at any rate within a period of ten days from today, if the copy application is in order.
ii) The Court of the Munsiff, Perumbavoor, is directed to keep in abeyance all further proceedings in E.P.No.11/2017 in O.S.No.189/2016 for a period of two weeks.