IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 23075 of 2008(V) ----------------------------------------- (I.A.5509/2008 IN O.S.427/03 OF THE SUB COURT, THRISSUR) PETITIONER: -------------------- INDIAN BANK, EAST NADA, GURUVAYUR, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.S.EASWARAN RESPONDENT: ----------------------- P.N.KRISHNA KUMAR, S/O.NANU EZHUTHASSAN, KRISHNA SAW MILLS AND TIMBER MERCHANTS, WEST FORT, THRISSUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.23075 OF 2008 =========================== 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. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006