Unique Systems vs The Principal, St.Mary'S College
2022 Latest Caselaw 2165 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                      WP(C) NO. 16460 OF 2017
PETITIONER:

            UNIQUE SYSTEMS, REPRESENTED BY PROPRIETOR
            SAJESH KUMAR, AGED 30 YEARS
            REPRESENTED BY PROPRIETOR,SAJESH KUMAR, AGED 30
            YEARS,SNEHA BHASKARAN, KUTHIATHODE P.O.,CHERTHALA,
            ALAPPUZHA DISTRICT.
            BY ADV SRI.K.C.SUDHEER

RESPONDENT:

            THE PRINCIPAL, ST.MARY'S COLLEGE
            ST.MARY'S COLLEGE, PUTHENANGADY,ANGADIPPURAM VIA.,
            MALAPPURAM - 679 321.
            BY ADV SRI.N.SASI


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   24.02.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.16460/2017

                                     2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.16460 of 2017
               ----------------------------------------------
            Dated this the 24th day of February, 2022


                              JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandumus or any other appropriate writ order to call for the records leading to Exhibit.P1 order.

ii. Stay all further proceedings in E.A. No. 26/2017 pending on the files of the Consumer Disputes Redressal Forum, Alappuzha, until 6 months period so as to enable the petitioner to raise funds to remit court fee which is a pre-condition for filing appeal against the ex-parte Final order/Judgment which is sought to be executed in the above Execution proceedings.

iii. To grant such other reliefs as this Hon'ble Court deems just and proper in the nature and circumstance of the case.

2. The main prayer in this writ petition is to stay all

further proceedings in E.A.No.26/2017 pending on the file of

the Consumer Disputes Redressal Forum, Alappuzha, for a W.P.(C).No.16460/2017

period of six months so as to enable the petitioner to raise

funds to remit court fee, which is a pre-condition for filing

appeal against the ex-parte final order which is sought to be

executed in the execution proceedings. The writ petition was

filed on 12.05.2017. There was a stay in the writ petition and

that is in force even now. In the writ petition the petitioner

sought for only six months' time and the petitioner obtained

more than four years. In such circumstances, nothing survives

in this writ petition. The petitioner is free to challenge the

order passed by the Consumer Disputes Redressal Forum in

accordance to law, if they advised so.

The writ petition is dismissed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.16460/2017

APPENDIX OF WP(C) 16460/2017

PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE FINAL ORDER/JUDGMENT DATED 30.11.2017 IN C.C.NO.240/2016 OF THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA.

EXHIBIT P2. TRUE COPY OF THE EXECUTION APPLICATION NUMBERED AS 26 OF 2017 PENDING BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA.