IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28319 of 2008(U) -------------------------- RCP.94/2004 of PRL.M.C.,ERNAKULAM .................... PETITIONER: ------------ JESINDA GEORGE MS. JESINDA GEORGE, D/O. VARKEY, AGED 47, PROPRIETRIX, NEW JAINA AUTOMOBILES, PALARIVATTOM. BY ADV. SRI.MADHU N. NAMBOOTHIRIPAD RESPONDENTS: ------------- 1. A.V.RAJAMMA,32/2610, NATIONAL HIGH WAY, PALARIVATTOM, KOCHI -25. 2. K.MADHUSOODANAN, MANAGING PARTNER, M/S. JAINA AUTOMOBILES, 48/1783, NATIONAL HIGHWAY PALARIVATTOM, KOCHI - 25. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28319 of 2008-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2008. JUDGMENT Raman, J. The limited prayer made in this writ petition is for a direction to the Execution Court (Principal Munsiff's Court, Ernakulam) to issue carbon copy of the order dated 6.9.2008 in E.A.No.361/2008 in E.P.No.30/2008 in R.C.P.No.94/2008 and to direct the delivery to be deferred till such time, so as to enable the writ petitioner to work out her remedy. 2. The petitioner herein seems to resist the delivery setting up independent right to continue in possession of the premises. The court below has dismissed the claim, but a carbon copy or certified copy of the order is not issued. In the meantime, it is contended that the matter is posted for taking delivery on 24.9.2008. Pointing out the circumstances, extra-ordinary remedy is sought for, as there is no remedy available to the petitioner. 3. In the view we are taking, it is not necessary to issue notice to the other side. Since the petitioner had filed a claim petition at the execution stage as E.A.No.361/2008 which has been disposed of by the court below, it WPC 28319/2008 -2- is necessary that a copy of the order be issued to the petitioner as applied for. In the circumstances, we direct the Munsiff's Court, Ernakulam to issue carbon copy of the order in E.A.No.361/2008 in E.P.No.30/2008 in R.C.P.No.94/2008 within one week from today and the delivery will stand deferred by 10 days. The writ petition is disposed of in the above terms. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/