IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 3140 of 2010(O) ------------------------- IA.883/2010 IN OS.632/2009 of SUB COURT,ERNAKULAM IA.1677/2007 IN OS.217/2007 of III ADDL. MUNSIFF'S COURT, ERNAKULAM. .................... PETITIONERS: --------------- JOB P.V., AGED 72 YEARS, S/O. LATE VARKEY, POOTHULLIL HOUSE, ERNAKULAM TOWN NORTH P.O., KANAYANNUR TALUK, ERNAKULAM VILLAGE, THRIKKANARVATTOM DESOM. BY ADV. SRI. JOY GEORGE SMT. PRAICY JOSEPH RESPONDENTS: --------------- 1. ITTOOP @ PAULOSE, AGED ABOUT 82 YEARS, S/O. LATE VARKEY, POOTHULLIL HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM TOWN NORTH P.O., KOCHI – 18, PIN 682 018. 2. LUCY ITTOOP, AGED ABUT 60 YEARS, W/O. ITTOOP @ PAULOSE, POOTHULLIL HOUSE, SWASTHAM, 42/1777, ERNAKULAM TOWN NORTH P.O. PIN – 682 018. 3. ANIL KUMAR, FATHERS NAME NOT KNOWN, S/O. LUCY ITTOOP, AGED ABOUT 35 YEARS, POOTHULLIL HOUSE, 42/1777, ERNAKULAM TOWN NORTH P.O. PIN – 682 018. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- W.P.(C). No. 3140 of 2010 ------------------------------------------------------------ Dated this the 30th day of January, 2010. JUDGMENT The writ petitioner was the plaintiff in O.S. No. 632 of 2009 and the defendant in O.S. No. 1028 of 2007 on the file of the Sub Court, Ernakulam. In O.S. No. 632 of 2009, the petitioner as the plaintiff claimed a right of easement by way of prescription over the plaint C schedule property shown as having a width of 15 feet with a gate at the southern extremity of the plaint C schedule strip of land. The counter suit filed by the respondents was one denying the alleged pathway claimed by the petitioner. The learned Sub Judge after trial, is said to have decreed the petitioner's suit (O.S. No. 632 of 2009) and dismissed the suit filed by the respondents namely, O.S. No. 1028 of 2007. According to the petitioner, as against the plaint C schedule pathway having a width of 15 feet, the court below has reduced the width to 3 feet notwithstanding the fact that at the gate W.P.(C) No. 3140/2010 : 2 : towards the southern end of the pathway, it has got a width of 15 feet. According to the petitioner, he has no other way to have ingress and egress to the property by means of vehicles and he is a 72 year old person afflicted from various ailments and he had filed an application for carbon copy of the judgment and decree in O.S. No. 632 of 2009 and had also moved the trial Judge for an order maintaining status quo in respect of the plaint C schedule property so as to enable him to file an appeal and get proper interim orders from the appellate court. The grievance of the petitioner is that no orders have been passed on the said petition which has been adjourned to 02.02.2010. Hence this writ petition for a carbon copy of the judgment in O.S. No. 632 of 2009 and for a direction to maintain status quo until then. 2. Since there was an interim injunction in force throughout the pendency of the suit with regard to the plaint C schedule pathway and also since it was only as per W.P.(C) No. 3140/2010 : 3 : the judgment sought to be impugned that the width of the pathway was reduced to 3 feet from 15 feet, I am inclined to issue the following directions:- This writ petition is accordingly disposed of directing the Second Additional Sub Court, Ernakulam to issue a carbon copy of the judgment in O.S. No. 632 of 2009 as expeditiously as possible and at any rate within a period of two months from today, if already applied for. Status quo as on the date of disposal of O.S. No. 632 of 2009 shall be maintained by either side with regard to the plaint C schedule pathway for a period till the expiry of one week of issue of carbon copy. Dated this the 30th day of January, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 3140/2010 : 4 :