HAMSA P M Vs. INDUSIND BANK LTD

JUDGEMENT

(1.) The original petition is filed to direct the Court of the Additional District Judge-II, Thrissur, to issue the certified copy of the order dtd. 20/1/2023 passed in E.P. No.382/2017 as expeditiously as possible.

(2.) The petitioner's case is that, he is the second judgment debtor in E.P No.382/2017. The first respondent is the decree holder and the second respondent is the first judgment debtor in the execution petition. The court below has issued a warrant of arrest against the petitioner and the second respondent without complying with the statutory formalities. Although the petitioner has applied for a copy of the proceedings, as per Ext.P8 application, the same has not been issued. Instead, the court below is repeatedly issued the warrant of arrest against the petitioner and the second respondent. The petitioner is suffering from age old ailments and the second respondent is mentally unfit. If they are arrested, they would be put to severe prejudice to them. Hence, the court below may be directed to issue the certified copy of the proceedings dtd. 20/1/2023 and further proceedings in E.P. No.382/2017 be kept in abeyance.

(3.) Heard; Sri. K.R. Arun Krishnan, the learned counsel appearing for the petitioner. In the light of the limited relief that I propose to pass, I dispense with notice to the respondents.