IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).NO. 20621 OF 2010(O) ------------------------------------------ AGAINST THE ORDER DATED 11/02/2010 IN E.P.95/2006 IN WA.216/2001 OF II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): ---------------------- P.H.ABDULKHARIM,GOVT.CONTRACTOR, PUTHIYEDATH, MUTTOM,ALUVA-683106. BY ADV. SRI.K.L.VARGHESE, SENIOR ADVOCATE SMT.SANTHA VARGHESE SRI.V.GOPIKRISHNA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERMENT SECRETARIAT, THIRUVANTANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, PWD (R & B) CENTRAL CIRCLE, ALUVA-683101. 3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THRISSUR. BY GOVERNMENT PLEADER SHRI P.R. JAYAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.20621 of 2010 ==================================== Dated this the 06th day of July, 2010 J U D G M E N T Heard learned Senior Advocate for petitioner and learned Government Pleader for respondents. 2. Petitioner, on the strength of judgments of this Court in W.A.Nos.216 of 2001 arising from O.P.No.23389 of 2000 and W.A.No.2045 of 2000 sought execution of the said judgments in the court of learned Additional Sub Judge-II, Thrissur for realisation of amounts stated therein. Vide Ext.P8, order learned Sub Judge dismissed execution petition for the reason that copy of relevant judgment of this Court is not produced. That order is under challenge in this Writ Petition. 3. I called for report from the Additional Sub Judge as to whether copy of the relevant judgments were produced in the executing court. Learned Sub Judge as per letter dated 05.07.2010 has reported that only certified copy of judgment dated 25.02.2002 in W.A. No.216 of 2001 was produced in the W.P(C) No.20621 of 2010 -: 2 :- executing court by the petitioner on 05.12.2005 but certified copy of judgment in W.A. No.2045 of 2000 is not produced. Learned Sub Judge has pointed out that copy of judgment in W.A.No.2045 of 2000 dated 12.12.2000 is necessary for calculation of the amounts due and in the absence of that, execution proceeding cannot be proceeded with. It is accordingly that execution petition was dismissed. 4. Learned Senior Advocate states that petitioner is prepared to produce certified copy of judgment in W.A.No.2045 of 2000 in the executing court and that petitioner may be given opportunity to resurrect the execution petition in that way. 5. Dismissal of execution petition is only for the reason of non-production of copy of the relevant judgment. Having regard to the circumstances of the case I am inclined to give petitioner an opportunity to produce certified copy of judgment in W.A. No.2045 of 2000 as well in the executing court. Resultantly, the Writ Petition is allowed and Ext.P8, order dated 11.01.2010 is set aside. Execution petition is remitted to W.P(C) No.20621 of 2010 -: 3 :- the court of learned Second Additional Sub Judge, Thrissur for disposal as provided under law after giving petitioner opportunity to produce certified copy of judgment in W.A. No.2045 of 2000 dated 12.02.2000 of this Court. Petitioner shall appear in the executing court on 28.07.2010. THOMAS P. JOSEPH, JUDGE. vsv W.P(C) No.20621 of 2010 -: 4 :-