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2008 Supreme(Ker) 93

K.T.SANKARAN
Manoj Pandarakalathil – Appellant
Versus
Kollamthodi Narayanan – Respondent


Advocates Appeared:For the Petitioners:T. Krishnan Unni, Advocate. For the Respondents:P.K. Suresh Kumar, Advocate.

Judgment :

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 6.2004. The office of the High Court certified the costs.

3. The respondent herein filed an Execution Petition before the Court of the Munsiff of Parappanangadi 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 realise the amount by arrest and detention of the revision petitioner in civil



























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