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Judgment
6 paragraphs · 361 wordsC.S.Dias, J
The original petition is filed to direct the Court of Principal Subordinate Judge, Thiruvananthapuram, to issue the carbon copy of the orders passed in E.A. Nos.230/2022 and 265/2022 in E.P. No.211/2019 in O.S. No.1180/2012 of the Court of the Principal Subordinate Judge, Thiruvananthapuram.
The petitioner’s case, in brief, in the original petition is that, he is the second judgment debtor and defendant in the above execution petition and the original suit, which has been filed by the first respondent. The second respondent is the first judgment debtor and the first defendant in the execution petition and the suit. The suit was decreed as per Exts.P6 and P7 judgment and decree on 18.11.2018. The first respondent has put the decree to execution by filing EP No.211/2019. The petitioner has filed Ext.P9 application under Section 47 of the Code of Civil Procedure,1908. The Court below without considering the contentions raised by the petitioner in Ext.P9, has dismissed the same on 20.06.2022. The petitioner has submitted Ext.P10 application seeking for the carbon copy of the order passed in Ext.P9. However, the court below has not issued the carbon copy of the order, instead is hastily proceeding with the execution proceeding. Hence, the original petition.
Heard; Sri. Ayyappan Sankar, the learned the counsel appearing for the petitioner. In view of the limited relief that I propose to pass, I dispense with notice to the respondents.
In the light of the pleadings and materials on record and after hearing the learned counsel appearing for the petitioner, I am inclined to exercise the supervisory powers of this Court under Article 227 of the Constitution of India, and direct the Court of the Principal Subordinate Judge, Thiruvananthapuram, to issue the carbon copy of the orders passed in E.A. Nos.230/2022 and 265/2022, in accordance with law, if the application is in order, within a period of one week from the date of production of a copy of this judgment, and to keep all further proceedings in E.P. No.211/2019 in abeyance by a further period of two weeks, from the date of issuing the carbon copy of the order.
The original petition is ordered accordingly.