IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 14433 of 2010(O) -------------------------- AS.1/2010 of SUB COURT, VADAKARA OS.68/2008 of MUNSIFF COURT, PAYYOLI .................... PETITIONERS: --------------- 1. K.NANU,S/O.KANNAN, 58 YEARS,RESIDING AT 'KAIRALI',PALAYAD AMSOM,VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE. 2. E.KRISHNAN, 56 YEARS, RESIDING AT EROTH HOUSE,THIRUVALLUR AMSOM, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE. 3. K.KUNHIRAMAN,S/O.SANKARAN NAMBIAR, 57 YEARS,RESIDING AT 'LAKSHMI SANKAR', MEMUNDA AMSOM,VATAKARAL TALUK, KOZHIKODE DISTRICT, KERALA STATE. 4. A.MOHAN, S/O KUNHIKRISHNA KURUP, 36 YEARS, RESIDING AT 'AREEKKAL HOUSE' KOTTAPALLI VILLAGE,VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE. 5. P.RAJAN,S/O.BALAN NAIR,37 YEARS, RESIDING AT PUTHIYADATH HOUSE, THIRUALLUR AMSOM, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE. 6. T.K.ASHRAF, S/O.PERIYAYI, 41 YEARS,RESIDING AT THEKKE KANARANKANTY HOUSE, MANIYOOR AMSON, VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE. 7. P.NARAYANAN NAMBIAR, S/O.KRISHNA KURUP, 90 YEARS,RESIDING AT 'VALIYACHALIL HOUSE, THRUVALLUR AMSOM, VATAKARA TALUK, KOZHIKODE DISTRICT,KERALA STATE, 8. N.KUNHIKRISHNAN NAMBIAR, S/O.KANARA KURUP,81 YEARS, RESIDING AT 'KANDIYIL HOUSE'AYANCHERI AMSOM, VATAKARA TALUK,KOZHIKODE DISTRICT, KERALA STATE. 9. T.K.SANTHA, 54 YEARS,HEADMISTRESS, SANTHINIKETHAN SECONDARY SCHOOL, HAVING HER OFFICE AT THIRUVALLUR AMSOM, VATAKARA TALUK,KOZHIKODE DISTRICT, KERALA STATE. 10. T.K.VENUGOPAL, S/O.NARAYANAN NAIR, RESIDING AT THAZHE KUNNOTH, POST THIRUVALLUR, VATAKARA TALUK,KOZHIKODE DISTRICT, KERALA STATE. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: --------------- 1. C.H.KUNHIKRISHNA KURUP,S/O.KANARAN KURUP 80 YEARS,RESIDING AT 'SIVOHAM HOUSE, MALAPARAMBA HOUSING COLONY,CHAVAYUR AMSOM AND DESOM,KOZHIKODE TALUK,KOZHIKODE DISTRICT. KERALA. 2. SANTHINIKETHAN SECONDARY SCHOOL SOCIETY NO.82/1962,A SOCIETY REGISTERED UNDER SOCIETIES REGISTRATION ACT. 3. D.E.O.VADAKARA. GOVERNMENT PLEADER: SRI B JAYASURYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.(C).No.14433 of 2010 --------------------------------------- Dated this 06th day of May, 2010 JUDGMENT Petitioners are appellants in A.S.No.1 of 2010 of the court of learned Sub Judge, Vadakara. That appeal was in challenge of judgment and decree of learned Munsiff Magistrate, Payyoli in O.S.No.68 of 2008 and concerned management of a school. The suit was decreed in favour of respondents and challenge to that judgment and decree of the trial court failed in appeal. The appeal was dismissed on 08-04-2010. The same day petitioners applied for certified copy of judgment and decree. But so far, copy of judgment and decree have not been issued to the petitioners, as the learned counsel submits. While so, petitioners approached the appellate court for stay of operation of the judgment and decree and the appellate court was pleased to grant stay for one month from 09-04-2010 which period would expire on 08-05-2010. The apprehension of petitioner is that in view of dismissal of the appeal, respondent No.1/plaintiff No.1 may make a claim for management of the school even before petitioners challenged the judgment and decree of the first appellate court in the second appeal. In the meantime certified copy of the judgment and decree has not also W.P.(C).No.14433 of 2010 : 2 : been given to the petitioners. Therefore, petitioners pray for an order staying operation of the judgment and decree in O.S.No.68 of 2008 of the Munsiff Court, Payyoli as confirmed in A.S.No.1 of 2010 of the court of Sub Judge, Vadakara and also to issue a direction to the learned Sub Judge, Vadakara to issue certified copy of judgment and decree in A.S.No.1 of 2010. According to learned counsel if such an order is not granted, the purpose of filing a second appeal itself is defeated. 2. The proper remedy open to the petitioners is to approach the vacation court (District Judge) concerned and seek extension of time granted by learned Sub Judge as per Ext.P3, order. However having regard to the circumstances stated by learned counsel and taking into consideration the fact that certified copy of judgment and decree of the appellate court has not so far been issued to the petitioners I am inclined to direct the parties to maintain status quo till 11-05-2010. Learned Sub Judge, Vadakara is directed to issue certified copy of judgment and decree, if applied for by the petitioners on usual terms and cost at the earliest. Resultantly the writ petition is disposed of directing the parties to maintain status quo as regards the management of the school till 11-05-2010 leaving it open to the petitioners to approach W.P.(C).No.14433 of 2010 : 3 : the vacation court for appropriate orders thereafter. Learned Sub Judge, Vadakara is directed to issue certified copy of the judgment and decree as applied for by the petitioners on usual terms at the earliest. (THOMAS P JOSEPH, JUDGE) Sbna/-