IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17194 of 2010(O) -------------------------- OS.387/2006 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER(S): --------------- VASUDEVAN, S/O.KRISHNAN NAIR, AGED 40 YEARS, KINGINI, KUNDANARI HOUSE, NELLIKODE AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT(S): --------------- 1. P.K.SUNIL KUMAR, S/O.CHANDRAMATHI AMMA, AGED 40 YEARS, KIZHAKKEPPURATH HOUSE, NELLIKODE AMSOM, DESOM, KOZHIKODE. 2. K.NARAYANAN KUTTY NAIR, S/O.KRISHNAN NAIR, ANUPAM, KUNDANARI HOUSE, NELLIKODE AMSOM, DESOM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thomas P.Joseph, J. ----------------------------------- W.P.(C) No.17194 OF 2010 ----------------------------------- Dated this the 3rd day of June, 2010 JUDGMENT This writ petition is in challenge of an order passed by learned Additional Munsiff, Kozhikode in O.S. 387 of 2006 on I.A.6285/2008 permitting respondent No.1 to level portion of the disputed property. Learned counsel for petitioner submitted that the impugned order was passed on the basis of a report and sketch prepared by the Advocate Commissioner which were remitted to Commissioner for further inspection and report and without waiting further such report and sketch. It is also submitted that petitioner did not get a copy of the impugned order dated 28.5.2010. 2. In this writ petition, though challenge is to the said order, a copy of the order has not been produced. Hence, I am not inclined to entertain this petition. It is open to the petitioner to get certified copy of the impugned order and file appropriate proceedings in challenge of the said order, if he is otherwise entitled. I direct learned Principal Munsiff-II, Kozhikode to issue certified copy of order dated 28.5.2010 on I.A.6285/2008 to the W.P.(C) No.17194 OF 2010 2 petitioner if applied on usual terms at the earliest, at any rate, within three weeks from date of receipt of this order. In the meantime the order on I.A.6285 of 2008 will stand in abeyance during the period of three weeks. Writ petition is closed accordingly. Thomas P.Joseph, Judge cms