IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3841 of 2008(G) ------------------------- AGAINST THE ORDER IN EP 196/2007 IN OS.579/1996 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER: ------------ PACHAN NANUKUTTAN, S/O.PACHAN, ROADARIKATHU VEEDU, NULLIYODE, KUDAPPANAMOODU P.O. BY ADV. SRI.SAJU.S.A RESPONDENT: ---------------- MEENAKSHIKANIKARI, WIDOW OF KOCHAN KUNJIRAMANKANI, VILANGUMALA ESTATE, MULLIYODE PUTHEN VEEDU, MUKKOLAKKAL PURAYIDOM, OTTASANKHARAMANGALAM VILLAGE, VAZHICHAL DESOM, KUDAPPANAMOODU P.O. VIA VELLARADA, NEYYATTINKARA TALK\UK, THIRUVANANTHAPURAM DIST. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3841 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of February, 2008. J U D G M E N T This writ petition is filed to issue a writ of mandamus to direct the 2nd Addl. Munsiff, Neyyattinkara to issue certified copy of the order dated 9.1.2007 and in E.P.196/07 in O.S.579/96 and also for staying the further proceedings. What is sought to be executed is the decree passed by the trial court as confirmed by the appellate court. The Court below even during the execution stage had considered the objections and passed an order negativing the objections raised by the judgment debtor. If he was really eager enough to challenge the order he should have applied for a carbon copy and get the same. Now he wants a certified copy to be issued and to stay the delivery. The decree holder has been in the veranda of the Court for the last 12 years without getting the usufructs of the decree, it will not be proper to stay the execution proceedings. Therefore I W.P.C 3841 OF 2008 -:2:- decline to stay the execution proceedings. But I direct the Court below to issue certified copy of the order passed in E.P.196/07 in O.S.579/96 within a period of 10 days. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-