IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN 4TH DAY OF DECEMBER 2009/13th AGRAHAYANA 1931 WP(C).No. 35052 of 2009(B) -------------------------- RCA.11/2009 of DISTRICT COURT, ALAPPUZHA RCP.7/2006 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER: --------------- MOHANDAS, S/O.GOWRI PADMANABHAN, AGED 46, PUTHENPURACKAL, THIRUMALA WARD, CHUNGOM, ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENT: --------------- C.X.JOSEPH XAVIER, AGED ABOUT 67, CHENNAKKATTU, PAZHAVANGADI, THIRUMALA WARD, ALAPPUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 4/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------ W.P(C) No.35052 of 2009 ------------------------------------------- Dated this the 4th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. Tenant, the judgment debtor is the petitioner in this writ petition under Article 227 of the Constitution. The order of eviction was passed by the Rent Control Court, Alappuzha. The appeal filed by him was dismissed by the Appellate Authority recently ie. 30.11.2009. He wants to prefer a revision before this Court under Section 20. An application was filed for the certified copy of the judgment of the appellate authority. His grievance is that even as his application for copy of the judgment of the appellate authority is pending, the execution court, noticing the dismissal of the appeal, has ordered delivery of the building to the decree holder. Having regard to the averments of the writ petition and the submissions of Sri.R.Azad Babu, the learned counsel for the petitioner, we are the view that the writ petition can be disposed of at this stage itself, granting limited relief to the petitioner by issuing the following directions: i) The Rent Control Court, Alappuzha is directed to issue certified copy of the judgment in R.C.A.No.11 of 2009 to the petitioner at the earliest and at any rate within two weeks of receiving a copy of this judgment if the application for copy is in order. ii) The Principal Munsiff Court, Alappuzha is directed to adjourn the delivery in respect of the building, which is the subject matter of E.P.No.64 of 2008 in R.C.A.No.7 of 2006 by one month from today. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ab