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2022 Supreme(Online)(KER) 64160

HIGH COURT OF KERALA
ABDULLAKUTTY KURIKKAL – Appellant
Versus
THE REGISTRAR (DISTRICT JUDICIARY) – Respondent


J U D G M E N T

The original petition is filed, to direct the Court of the Munsiff, Manjeri, to trace out the file in O.S.No.104/1939 and E.P.No.327/1940 and issue the certified copies of the judgment, decree, final decree and delivery account in the suit and the above execution petition.

2. This Court, after perusing the provisions in the Rules under Destruction of Records Act (Act V of 1917), had directed the Court of the Munsiff, Manjeri, to report regarding the status of C.A.Nos.68& 67/2022 filed in O.S.No.104/1939.

3. The learned Munsiff, Manjeri, by communication dated 02.08.2022, has informed this Court that, on 14.01.2022, Sri. Mohammed Naufal had filed C.A.No.67/2022, seeking for the copy of the delivery account and report in E.P.No.327/1940 and C.A.No.68/2022, seeking for the decree, judgment and final decree in O.S.No.104/1939. However, those applications were returned by the Decree Clerk on 15.01.2022, stating that the records were not available. Subsequently, after passing of the order by this Court, on 27.07.2022, 30 boxes of old records were received from the District Court, Kozhikode. On perusal of the records, the decree, judgment and award in O.S.No.104/1939 has b

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