IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 6707 of 2010(K) ------------------------- OS.332/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): --------------------------- V.BALABHADRAN NAIR,UDAYAGIRI VAZHICHAL (AYODHYA), KUTTAMALA POST, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADVS. MR.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA. RESPONDENT(S): --------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED(KSFE), REP. BY ITS REGIONAL MANAGER, KSFE LIMITED, STATUE, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, KSFE LTD., VELLARADA BRANCH, VELLARADA.P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM. 3. THE SPECIAL DEPUTY THAHASILDAR (RR) KSFE LTD., REGIONAL OFFICE, STATUE, THIRUVANANTHAPURAM. 4. THE DISTRIST COLLECTOR, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. MR.M.L.SAJEEVAN, SC, KSFE LTD. R4 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 6707 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 2nd day of March, 2010 JUDGMENT In this writ petition filed under Article 227 of the Constitution of India the petitioner seeks the following reliefs:- i) to issue appropriate directions to the 1st Addl. Sub Court, Thiruvananthapuram to issue the judgment and decree in O.S. No.332 of 2004 as expeditiously as possible within such time to be prescribed by this Honourable Court; ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to proceed with the sale of the property pursuant to Ext.P3, till copies of the judgment and decree in O.S. No.332 of 2004 is made available to the petitioner, enabling him to file an appeal and iii) to issue other reliefs that this Honourable Court may deem fit and proper considering the nature and circumstances of this case. 2. The petitioner instituted O.S. No.332 of 2004 before the First Addl. Sub Court, Thiruvananthapuram for settlement of accounts and also for setting aside revenue recovery proceedings pursuant to Ext.P3 notice. The W.P.(C) No. 6707/10 2 dispute relates to a chitty transaction between the petitioner and the 1st respondent. The petitioner claims that he has cleared the entire debt due to the 1st respondent and no further amount is due from him. The suit was included in the list on 21-6-2008. The petitioner moved an application to remove the suit from the list. The suit was removed from the list for a period of one week and posted to 28-6-2008. On that day the petitioner was absent and the suit was dismissed for default. 3. The petitioner filed I.A. No.3241 of 2008 for restoration of the suit. That was dismissed for default. Ultimately, the matter came up before this Court in W.P.(C) No. 9317 of 2009. The above writ petition was disposed of by Ext.P2 judgment directing the learned Sub Judge to dispose of the application for restoration within one month from the date of production of the judgment. 4. The petitioner pointed out that the suit was dismissed on 9-12-2009. He has immediately applied for a certified copy of the judgment and decree. The grievance of the petitioner is that though he has applied for a carbon W.P.(C) No. 6707/10 3 copy of the judgment, that is not issued so far. It is pointed out that in the meanwhile, steps are being taken by the defendants to sell the property. Ext.P3 is the notice issued to him. In the light of the above facts, the petitioner prays for a direction to the court below to issue a carbon copy of the judgment to enable him to file an appeal against the judgment and till then the sale may be kept in abeyance. 5. In the light of the order that is sought to be passed, notice to the respondent is not necessary. 6. Considering the facts and circumstances of the case, the prayer made is reasonable one. 7. Hence, there will be a direction to the First Addl. Sub Court, Thiruvananthapuram to issue a carbon copy of the judgment in O.S. No.332 of 2004 as early as possible, at any rate within two weeks from today. Till then, Ext.P3 shall be kept in abeyance. The writ petition is disposed of as above. P.BHAVADASAN, JUDGE. mn.