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R. Sasikumar vs Lakshmikutty Amma

High Court Of Kerala · Decided on 14 November 2022 · Citation: (2022) 11 KL CK 0166

HON’BLE JUDGES
C.S.Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 2235 Of 2022
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Judgment

8 paragraphs · 353 words

C.S.Dias, J

1.

The original petition is filed to direct the Court of Subordinate Judge, Thiruvalla to issue the certified/carbon copy of the order passed in I.A.No.1132/2012 in O.S. No.130/2012 within a time frame and until such time to stay the implementation of the above order.

2.

The petitioner’s case is that, he is the defendant in the above suit, which was filed by the respondents, for a decree of injunction. The original plaintiff in the suit had filed I.A. No.1132/2012 to prosecute the petitioner for allegedly violating the order of temporary injunction. Even thought the petitioner resisted the suit and application, the court below decreed the suit and allowed the application by ordering the properties of the petitioner to be attached and he be committed to the civil prison. The petitioner had applied for certified copy of the order passed in the application and the judgment in the suit. In the meantime, the respondents are proceeding with the execution of the order and the decree. The petitioner apprehends that he would be arrested and send to the civil prison. Hence, the original petition.

3.

Heard; Sri.P.Haridas, the learned counsel appearing for the petitioner. In view 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 petitioner has already made an application for obtaining the certified copy of the judgment in the suit and the order in the application, I am inclined to exercise the power of superintendence of this Court under Article 227 of the Constitution of India and pass the following orders:-

(i) The Court of the Subordinate Judge, Thiruvalla is directed to issue the certified/carbon copy of the order in I.A. No.1132/2012 in O.S. No.130/2012, in accordance with law, if the application is in order, as expeditiously as possible.

(ii) The operation of the order passed in I.A. No.1132/2012 directing the petitioner to be sent to the civil prison, shall stand suspended for a period of two weeks from today.

The original petition is ordered accordingly.