IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23075 of 2008(V)
1. INDIAN BANK, GURUVAYUR BRANCH
... Petitioner
Vs
1. P.N.KRISHNA KUMAR
... Respondent
For Petitioner :SRI.S.EASWARAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/07/2008
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C) NO.23075 OF 2008
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Dated this the 30th day of July, 2008
JUDGMENT
This petition is filed under Article 227 of the
Constitution of India by the plaintiff decree
holder in O.S.427/1993 on the file of Sub Court,
Thrissur for a direction to Sub Court, Thrissur to
issue certified copy of the order passed in
I.A.5175/2008, an application filed under section 5
of the Limitation Act to condone the delay in
filing the review petition and also for a direction
to the Sub Court not to pass final order in
I.A.5176/2008, an application for review.
2. Learned counsel appearing for petitioner
was heard.
3. The argument of the learned counsel is that
without considering the material facts, Ext.P7
application filed under section 5 of the Limitation
Act to condone the delay of 4600 days, was allowed
by the learned Sub Judge and Ext.P8 petition was
W.P.(C)23075/2008 2
filed under Rule 1 of Order XLVII of Code of Civil
Procedure to review the judgment is posted for
passing orders and though petitioner applied for
certified copy of the order passed in Ext.P7
application, it was not allowed. The learned
counsel argued that Ext.P2 judgment and Ext.P3
decree were passed as early as 28.2.1995 and
subsequently petitioner executed the decree before
the Debt Recovery Tribunal, Ernakulam as evidenced
by Ext.P6 order of confirmation of sale of
immovable property on 20.9.2007 and it is
thereafter Exts.P7 and P8 applications were filed
and learned Sub Judge did not have the
jurisdiction to consider the application as the
decree amount exceeds Rs.10 lakhs and petitioner
is entitled to challenge the order passed in Ext.P7
application and therefore necessary directions be
issued.
4. On the facts stated by the learned counsel,
Sub Judge, Thrissur is directed to issue certified
copy of the order passed in I.A.5175/2008 within
W.P.(C)23075/2008 3
ten days from the date of receipt of a copy of this
judgment. Sub Judge is further directed not to
dispose of I.A.5176/2008 for two weeks.
Writ Petition is disposed of as above.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
W.P.(C)23075/2008 4
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006