Kerala High Court
Biju Kumar vs Sreenu on 14 June, 2022
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OP (C)No. 847 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP(C) NO. 847 OF 2022
AGAINST THE ORDER/JUDGMENT IN EA 161/2021 IN EP 506/2016 IN OS
118/2013 OF I ADDITIONAL MUNSIFF COURT ,TRIVANDRUM
PETITIONER/S:
BIJU KUMAR
AGED 41 YEARS
S/O. BHASKARAN,
TC 67/537, V.V.H.S PARAVILA, VARUVILAKOM,
PACHALLOOR, THIRUVANANTHAPURAM
, PIN - 695027
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
SREENU
S/O. MANIYAN,
TC 43/1005(4), SWAYA NIVAS,
NEAR VADUVATHUKOVIL, MUTTATHARA,
THIRUVANANTHAPURAM
, PIN - 695008
BY ADV.M.R.ANANDAKUTTAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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OP (C)No. 847 of 2022
C.S DIAS,J.
---------------------------
OP (C)No. 847 of 2022
-----------------------------
Dated this the 14th day of June, 2022.
JUDGMENT
The original petition is filed to call for the records
leading to the order in EA No.161/2021 in EP
No.506/2016 in OS No.118/2013 of the Court of the Ist
Additional Munsiff, Thiruvananthapuram.
2. When the original petition came up for
admission on 23.5.2022, this Court had issued notice to
the respondent and stayed the execution of the arrest
warrant on condition that the petitioner deposits an
amount of Rs.75,000/- within two weeks from 23.5.2022.
3. The learned counsel appearing for the
respondent submits that the petitioner has not complied
with the above condition.
4. The respondent had put the decree passed in the
above suit to execution by filing Ext P2 against the
petitioner. Since the petitioner had left the local limits of
the Execution Court, the court below had by Ext P3 closed
OP (C)No. 847 of 2022
the execution petition. Thereafter, when the petitioner
returned to the local limits of the court below, the
respondent filed Ext P4 application to resurrect the
execution petition to file. The court below allowed the
application by Ext P5 order. The petitioner has assailed
the said order in this original petition.
On a consideration of the pleadings and materials on
record, I do not find any illegality or error in Ext P5 order,
warranting interference by this Court in exercise of its
supervisory jurisdiction under Article 227 of the
Constitution of India. The original petition is groundless
and is dismissed.
SD/-
sks/14.06.2022 C.S.DIAS, JUDGE
OP (C)No. 847 of 2022
APPENDIX OF OP(C) 847/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. 118/2013
OF MUNSIFFS COURT, THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE E.P. 506/2016 IN O.S.
118/2013 OF ADDITIONAL MUNSIFFS COURT,
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE ORDER DATED 11.2.2021 IN
E.P. 506/2016 IN O.S. 118/2013 OF I-
ADDITIONAL MUNSIFFS COURT,
THIRUVANANTHAPURAM
Exhibit P4 TRUE COPY OF THE AFFIDAVIT AND PETITION IN
E.A. 161/2021 IN E.P. 506/2016 IN O.S.
118/2013 OF ADDITIONAL MUNSIFFS COURT,
THIRUVANANTHAPURAM FILED BY THE RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER DATED 27.3.2021 IN
E.A. 161/2021 IN E.P. 506/2016 IN O.S.
118/2013 OF I-ADDITIONAL MUNSIFFS COURT,
THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF THE ORDER DATED 11.8.2021 IN
E.A. 319/2021 IN E.P. 506/2016 IN O.S.
118/2013 OF I-ADDITIONAL MUNSIFFS COURT,
THIRUVANANTHAPURAM
