IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 OP(C).No. 833 of 2010(O) ----------------------- AGAINST THE ORDER IN EP 30/2009 IN ARC.139/2002 of DISTRICT COURT, WAYANAD .................... PETITIONER ------------------------------ JUDY `D' SILVA, S/O.LATE JOSEPH, `D' SILVA, AGED 58 YEARS, DISILVA ESATE, RIPPON P.O., MUPPAINAD VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- THE WAYANAD DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, KALPATTA, VYTHIRI TALUK, WAYANAD DISTRICT, PIN-673 576. BY ADV. SHRI MILLU DANDAPANI THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.833 of 2010 -------------------------------------- Dated this the 23rd day of November, 2010. JUDGMENT Respondent appears through counsel. 2. Judgment debtor in E.P.No.30 of 2009 in A.R.C.No.139 of 2002 of the court of learned District Judge, Wayanad is the petitioner before me. In E.P.No.30 of 2009 respondent is seeking to execute award in A.R.C.No.139 of 2002. Notice under Rule 37 of Order XXI of the Code of Civil Procedure (for short, “the Code”) was issued to the petitioner. He has raised an objection that the court of learned District Judge has no jurisdiction to execute the award in A.R.C.No.139 of 2002 since under Section 76 of the Kerala Co-operative Societies Act the award which is a deemed decree is to be executed as if it were a decree of the civil court. According to the learned counsel, in the circumstances the execution petition ought to have been filed in the court of learned Munsiff or Sub Judge depending on the peculiar jurisdiction. Learned counsel for respondent contends that learned District Judge has also jurisdiction to execute the award being the principal court of original civil jurisdiction. OP(C) No.833/2010 2 3. In the facts and circumstances of the case it is not necessary for me to go into that issue since the court below has not entered any finding on the objection raised by petitioner. I therefore direct the court below to consider the objection raised by the petitioner before deciding upon request of respondent to execute the award against the petitioner personally or otherwise. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks