SATHYAN Vs. GOLDEN KURIES

JUDGEMENT

(1.) The third judgment debtor in a decree for money has approached this Court in this original petition.

(2.) During the course of the suit and before passing of the judgment, defendants 1 and 2 withdrew all the contentions and the plaintiff filed a memo to the effect that the suit as against the third defendant is withdrawn. A copy of the said statement dated 15.02.2010 is produced in this original petition as Ext.P1. The suit was disposed pursuant thereto.

(3.) However, due to an accidental slip or omission, the decree, while drafted, has been passed against the third defendant-petitioner also. Thereupon the petitioner filed application as IA 2587/2019 seeking correction of the accidental slip of the Court. The said application is pending consideration. In the meanwhile, taking advantage of the mistake in the decree, execution is being levelled against the petitioner also, grieves the petitioner.