Valiya Valappil Jayarajan vs C.M.Mahesh
2021 Latest Caselaw 16784 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                         OP(C) NO. 1241 OF 2019
   AGAINST THE ORDER/JUDGMENT IN OS 364/2015 OF PRINCIPAL MUNSIFF
                         COURT ,KANNUR, KANNUR
PETITIONER/S:

           VALIYA VALAPPIL JAYARAJAN
           AGED 62 YEARS
           S/O. KANNAN, SANGEETHAM, NEAR KVR TOWER, SOUTH BAZAR,
           KANNUR 670 001

           BY ADV K.RAJESH SUKUMARAN



RESPONDENT/S:

           C.M.MAHESH
           S/O. M. LAKSHMANAN, SREESHAILAM, THOTTADA, KANNUR 670 001

           BY ADVS.
           SRI.ABDUL RAOOF PALLIPATH
           SRI.K.R.AVINASH (KUNNATH)




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1241 OF 2019
                                     2



                               JUDGMENT

Dated this the 11th day of August, 2021

The original petition is filed pointing out that the

certified copy of the order for arrest of the petitioner in E.P No.87

of 2018 in OS No.364 of 2015 on the files of the Principal Munsiff

Court, Kannur was not issued and therefore the petitioner was not

in a position to challenge the order before this Court. The

petitioner therefore sought a direction not to arrest him, till the

certified copy is issued. Accordingly, this Court granted an interim

order and the same was enforce till 28.05.2019. The petitioner

seeks revival and extension of the interim order.

2. Learned counsel for the respondent submits that certified

copy of the order sought by the petitioner would have been issued

long back and the petitioner ought to have challenged the order in

the proper manner, rather than seeking extension of the interim

order in this original petition.

OP(C) NO. 1241 OF 2019

I find the submission to be well founded. Accordingly, the

original petition is closed, reserving the petitioner's liberty to

challenge the order of arrest passed on 30.03.2019, in E.P No.87

of 2018 in OS No.364 of 2015 of the Principal Munsiff's Court,

Kannur.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 1241 OF 2019

APPENDIX OF OP(C) 1241/2019

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE SERVED COPY OF THE EXECUTION PETITION IN EP 87/2018 IN OS 364/2015 ON THE FILE OF THE MUNSIFF COURT, KANNUR

EXHIBIT P2 COPY OF COUNTER STATEMENT FILED BY THE PETITIOENR HERE IN EP 87/2018 IN OS 364/2015 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, KANNUR

EXHIBIT P3 COPY OF THE DAILY STATUS DATED 30-03-2019 IN EP 87/2018 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, KANNUR

EXHIBIT P4 COPY OF THE DAILY STATUS DATED 06-04-2019 IN EP 87/2018 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, KANNUR.

EXHIBIT P5 COPY OF THE DISCHARGE SUMMARY DATED 23-08-2018 ISSUED FROM SAHAKARANA HRUDAYALAYA ATTACHED TO PARIYARAM MEDICAL COLLEGE HOSPITAL

EXHIBIT P6 CORNOARY ANGIOPLASTY REPORT DATED 21-08-2018 ISSUED FROM SAHAKARANA HRUDAYALAYA ATTACHED TO PARIYARAM MEDICAL COLLEGE HOSPITAL.