IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Ex.FA.No. 33 of 2007() ---------------------- EA.946/06 IN OS.171/1984 of PRL.SUB COURT,TRIVANDRUM .................... APPELLANT/COUNTER PETITIONERS/DECREE HOLDERS ---------------------------------------------------------------- 1. DR.SASI, S/O E.M.VARKEY, RESIDING AT ELLOOR HOUSE, KOLENCHERRY, ERNAKULAM DISTRICT. 2. PAVANA, RESIDING AT ELLOOR HOUSE, KOLENCHERRY, ERNAKULAM DISTRICT. 3. CICILI, RESIDING AT ELLOOR HOUSE, KOLENCHERRY, ERNAKULAM DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): PETITIONER/JUDGMENT DEBTOR ----------------------------------------- KERALA STATE ELECTRICITY BOARD, VYDUTHI BHAVAN, PATTOM, TRIVANDRUM-695004. THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- Ex.F.A.No.33 OF 2007 ------------------------------------------- Dated this the 10th day of June, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This Execution First Appeal is filed against an order passed by the executing court. It appears that in answer to the execution proceedings initiated by the appellant, the judgment debtor KSEB relied on certain cross decrees and applied to the court below for an order to incorporate the records of other cases along with the case in hand. An order passed on such an application is not appealable under the provisions of the Code of civil Procedure. Accordingly, we are of the view that the Execution First Appeal is not maintainable. The same is accordingly rejected. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.11/06.