K M MUSTAFA Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) This is a petition filed under Art.227 of the Constitution of India seeking to have Ext. P2 order quashed and also to declare that Ext. P1 award passed by the Lok Adalat is not binding on the petitioner.

(2.) The petitioner filed EA 175 of 2009 in EP 129 of 2005 in TLS 292 of 2004 before the Munsiff's Court, Thiruvalla. Petitioner was constrained to move the Court because a warrant Is issued against him by the execution Court. The respondent in this petition, who was the holder of an award passed by the Lok Adalat, instituted execution proceedings as EP 129 of 2005. Petitioner points out that he was not a party to the award and therefore it is not binding on him. Therefore, it is contended that the execution proceedings could not have been taken out against him and warrant ought not to have been issued against him. The petitioner has produced the relevant documents along with this petition.

(3.) The respondent has entered appearance. It is conceded by the learned counsel for the respondent that the petitioner is not a party to the award. It is pointed out by him that even assuming that execution proceedings could not be initiated against the petitioner, the respondent can proceed against the other judgment - debtors.