MANOJ PANDARAKALATHIL Vs. KOLLAMTHODI NARAYANAN

JUDGEMENT

(1.) The question involved in this Revision is whether an order for costs passed by the High Court in a Writ Petition can be executed by filing an Execution Petition in the civil court.

(2.) The revision petitioner, a cable T.V. Operator, was the respondent in a petition filed by the respondent before the District Consumer Disputes Redressal Forum alleging deficiency in service. The District Forum passed an order directing the revision petitioner to deposit Rs.1,400/- and certain other amounts. The revision petitioner challenged the order passed by the District forum in appeal before the Consumer Disputes State Commission. As the petitioner did not get an interim order of stay, he moved the High Court in W.P.(C).No.24112 of 2003. The High Court dismissed the Writ Petition with costs by the judgment dated 3.6.2004. The office of he High Court certified the costs.

(3.) The respondent herein filed an Execution Petition before the Court of the Munsiff of Parappangadi for execution of the aforesaid order to pay costs, passed by the High Court in the Writ Petition. The prayer in the Execution Petition was to realize the amount by arrest and detention of the revision petitioner in civil prison. The revision petitioner resisted the Execution Petition and contended that the petition is not maintainable in law and that he has no means to pay the amount sought to be realized. Though it was contended that the Execution Petition was not maintainable, the revision petitioner had not stated on what ground it was not maintainable and apparently no arguments were advanced before the executing court in that regard.