GOVINDANKUTTY MENON Vs. SHAJI

JUDGEMENT

(1.) The Writ Petition is filed seeking mainly the following reliefs: To call for the entire records leading to Exhibit P2 and issue an order of certiorari quashing the same.

(2.) To issue a writ of mandamus or any other appropriate writ, order or direction directing the Principal Munsiff s Court, Ernakulam to entertain the execution petition filed by the petitioner to execute the Ext.P1 award.

(3.) Petitioner filed a complaint against the respondent for the offence punishable under S. 138 of the Negotiable instruments Act. Complaint was referred to the Lok Adalat where it was settled by the parties culminating in passing of an award. The respondent under the settlement agreed to pay the cheque amount of Rs.5500/- in five equal monthly instalments of Rs. 1100/-. The respondents committed default in making the instalment payment. Petitioner, thereupon, filed an execution petition before the Munsiff Court seeking the execution of the award passed in the Lok Adalat. The learned Munsiff declined to receive the Execution Petition on the file of the Court for the reason that the award passed by the Lok Adalat on reference from the Magistrate Court cannot be construed as a decree executable by the Civil Court. Ext.P2 is the order passed by the learned Munsiff. Propriety and correctness of Ext.P2 order is challenged in the Writ Petition invoking the supervisory jurisdiction vested with this Court under Art.227 of the Constitution of India.