IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10302 of 2010(O) -------------------------- OS.41/1998 of PRINCIPAL MUNSIFF COURT, KOZHIKODE-I .................... PETITIONER(S): ----------------------- M.K.UNNIKRISHNAN, S/O.JANAKI, AGED 62 YEARS, MOOLAMVALLI KEEZHILLATH HOUSE, PUTHIYANGADI VILLAGE, EDAKKAD AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON RESPONDENT(S): ---------------------------- SMT.THAYYIL PANKAJAVALLI, AGED 50 YEARS, W/O.BALAKRISHNAN NAIR, PANKAJA NIVAS, KURUKKAYIL PARAMBU, PUTHIYANGADI VILLAGE, EDAKKAD AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- WP(C) No.10302 of 2010-O ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the limited prayer of the petitioner is for a direction to the Court below to issue certified copy of the orders in IA Nos.1368/10 and 1369/10 in OS No.41/98, so as to enable him to take further steps in the matter. 2. The petitioner is the defendant in OS No.41/98, which is a suit for recovery of possession and for prohibitory injunction, restraining the defendant from making any construction in the plaint schedule property. The petitioner herein, who was the defendant, filed a written statement and also an additional statement. Originally, the suit was decreed ex parte and the petitioner preferred an appeal before the District Judge, Kozhikode as AS No.157/08. The appeal was allowed and the matter was sent back with a direction to dispose of the suit within WPC 10302/10 2 a time frame. While so, the petitioner filed IA Nos.3463/08, 3464/08 and 3381/08 to issue summons to the witness and to receive documents. The Court below dismissed those applications. The petitioner approached this Court by filing WP(C) No.30309/09 and this Court disposed of the said Writ Petition with a direction to dispose of the case as expeditiously as possible. In the meanwhile, the petitioner was hospitalised. Hence he sought for adjournment of the suit for adducing evidence, which was denied. The petitioner again approached this Court, by filing WP(C) No.10602/09, which was allowed by this Court, again directing the trial court to dispose of the suit expeditiously. In obedience with the direction of this Court, the trial court listed the case for trial and evidence from the side of the plaintiff was started. While so, the mother of the defendant's counsel was admitted in the hospital. Thereafter, the petitioner filed two applications as IA No.1368/10 & 1369/10 in OS No.41/98 paying to re- open the matter and permit to examine him. Those WPC 10302/10 3 applications were dismissed by the trial court and the case stood posted to 25.3.2010 for starting defence evidence and the evidence from the side of the plaintiff was closed. Immediately thereafter, the petitioner applied for issuing certified copy of the order in IA Nos.1368/10 and 1369/10. But, he submits, so far he has not received the copies. Hence this Writ Petition. 3. The prayer made by the petitioner seems to be just and reasonable. There is no reason as to why the certified copy of the order in the IAs, on which the order was passed, should not be given to the petitioner so as to enable him to take further steps in the matter. In the circumstances, there will be a direction to the Principal Munsiff's Court-I, Kozhikode to issue a certified copy of the order passed on IA Nos.1368 & 1369/10 to the petitioner within two weeks from today. Till then, all further proceedings in OS No.41/98 shall be kept in abeyance. P.BHAVADASAN, JUDGE WPC 10302/10 4 sta WPC 10302/10 5