IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20019 of 2008(G) -------------------------- OS.44/1973 of SUB COURT, TIRUR .................... PETITIONER: -------------------- UDAYABHANU, AGED 52 YEARS, LATE RAMACHANDRAN, UNIKKAL HOUSE, PARIYARAM AMSOM, TANUR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT: ------------------------ SAVITHRI, W/O.KANANAM MARAKKANTE PURAKKAL RAMAKRISHNAN, AGED 70 YEARS, RESIDING AT KEERTHANAM, NANGADATH PEEDIKA P.O, TEMPLE GATE, THALASSERY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.20019 OF 2008 =========================== Dated this the 3rd day of July, 2008 JUDGMENT This petition is filed for a direction to Sub Court, Tirur to issue certified copy of the order dated 25.6.2008 in E.P.47/2006 applied for under copy application No.674/2008 and also for a further direction not to effect delivery till certified copy is issued. 2. Learned counsel appearing for petitioner was heard. 3. Decree holder earlier approached this court by filing W.P.(C)33447/2007 which was disposed under Ext.P3 judgment. Case of the petitioner herein in that writ petition also was that decree holder is not entitled to take delivery of the property without identifying the property. Under Ext.P3 judgment this court specifically directed the executing court to deliver plots M1, M2, M3 and M4 as shown in Ext.C5 plan of Ext.P4 final decree. W.P.(C)20019/2008 2 In such circumstance, executing court can only direct delivery of plot M1, M2, M3 and M4 in Ext.C5 plan of Ext.P4 final decree. 4. As the grievance of the petitioner is that he was not given the certified copy of the order dated 25.6.2008, Sub Judge, Tirur is directed to issue certified copy of the order as expeditiously as possible, at any rate, within seven days from the date of receipt of a copy of this judgment. 5. Though learned counsel sought a further direction not to effect delivery, in view of Ext.P3 judgment such an order cannot be granted. But it is made clear that delivery of only plot M1, M2,M3 and M4 in Ext.C5 plan of Ext.P4 can be effected. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006