IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 4849 of 2009(B) OS.89/2004 of PRINCIPAL MUNSIFF'S COURT,TRIVANDRUM PETITIONER: --------------- RAMACHANDRAN NAIR, S/O.NARAYANAN NAIR, RESIDING AT SAROVARAM, EDAKKODE, NEMOM, THIRUVANANTHAPURAM. BY ADV. SRI.VPK.PANICKER RESPONDENT: --------------- DR.M.K.SASIDHARAN, S/O.M.G.RAMAN PILLAI (LATE) H.NO.28, CHAITHANYA, THARANGINI STUDIO ROAD, ALTHARA, VELLAYAMBALAM, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4849 OF 2009 B ------------------------------------------------------ Dated this the 19th February, 2009 JUDGMENT The judgment debtor in O.S.NO.89 of 2004, on the file of the Court of the Munsiff of Thiruvananthapuram, has filed this Writ Petition for the following reliefs: “a) Issue appropriate order calling for the records leading to the order dated 5.1.2009 in O.P.No.527/2007 in O.S.No.89 of 2004 on the file of the Munsiff Court, Thiruvananthapuram. b) Issue appropriate orders directing the Principal Munsiff, Thiruvnanthapuram to issue appropriate orders to issue the certified copy of order in E.P.No.527/07 in O.S.No.89/2004 in copy application No.926/2009 forthwith. c) Issue approprite orders staying all further proceedings in E.P.No.527 of 2007 in O.S.No.89/2004 on the file of the Munsiff Court, Thiruvananthapuram, including implementation of the order dated 5/1/2009 passed in E.P.No.527/2007 in O.S.No.89/2004 on the file of the Munsiff Court, Thiruvananthapuram till the issue of certified copy and for a further period of two weeks therefrom. d) Issue such other directions as deemed necessary; and e) award costs.” W.P.(C) NO. 4849 OF 2009 :: 2 :: 2. Counsel appears for the respondent. It is submitted by the learned counsel for the petitioner that Rs.25,000/- was deposited on 17.2.2009 as directed by this court in the interim order dated 13.2.2009. He also submits that the copy of the order dated 5.1.2009 in E.P.No.527 of 2007 is not issued yet. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Munsiff's Court, Thiruvananthapuram to issue certified copy/carbon copy of the order dated 5.1.2009 in E.P.No.527 of 2007 in O.S.No.89 of 2004 expeditiously and, at any rate, within a period of one month. All the execution proceedings shall be kept in abeyance till the expiry of fifteen days of the date of issue of the certified copy of the order. Disposal of this Writ Petition will not preclude the parties from moving the executing court for appropriate orders other than proceeding with the Execution Petition, during the period mentioned above. (K.T.SANKARAN) Judge ahz/