IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP(C).No. 4026 of 2011(O) -------------------------------------- AS.40/2008 OF III ADDITIONAL SUB COURT, KOZHIKODE OS.111/1994 OF PRINCIPAL MUNISFF COURT-II, KOZHIKODE. .................... PETITIONER: -------------------- KHADEEJA UMMA, W/O HASSAN KOYA, EDAPOTHL HOUSE, VIA. MAVOOR, KAYALAM P.O, KOZHIKODE- 673 661. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------------- KUNHALI, S/O.VEERAN, PALLIYARAKUNNATH, SIJI MANZIL, VIA. MAVOOR, P.O. KAYALAM, CALICUT- 673 661. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 4026 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A COPY OF THE JUDGMENT IN OS.NO. 111/1994 ON THE FILE OF PRINCIPAL MUNSIFF COURT II, KOZHIKODE DTD.03.10.2007. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4026 of 2011 -------------------------------------- Dated this the 9th day of December, 2011. JUDGMENT Respondent appears through counsel. 2. Respondent has obtained a decree for prohibitory injunction restraining petitioner and others from trespassing into plaint A and B schedules, committing waste therein and directing petitioner and others to remove the C schedule shed from plaint B schedule. There is also a direction to pay cost of the suit to the respondent. Petitioner challenged that judgment and decree in A.S.No.40 of 2008 in the court of learned Additional Sub Judge-III, Kozhikode. Learned Additional Sub Judge dismissed that appeal on 31.10.2011. Petitioner has applied for certified copy of judgment and decree of the appellate court but, so far it is not issued. In the meantime respondent has taken execution proceedings and that petition is posted on 08.01.2012. Prayer in this proceeding is to direct learned Additional Sub Judge issue certified copy of the judgment and decree in A.S.No.40 of 2008 as early as possible and in the meantime to keep execution proceedings in abeyance. 3. Heard both sides. Having regard to the circumstances stated I am inclined to grant some relief to the petitioner. Resultantly this Original Petition is disposed of as follows: OP(C)No.4026/2011 2 i. Learned Additional Sub Judge-III, Kozhikode is directed to issue certified copy of judgment and decree in A.S.No.40 of 2008 to the petitioner if applied for on usual terms as early as possible at any rate, within thirty (30) days from this day. ii. It is directed that judgment and decree of learned Principal Munsiff-II, Kozhikode in O.S.No.111 of 1994 as confirmed by learned Additional Sub Judge-III, Kozhikode in A.S.No.40 of 2008 to the extent it concerned mandatory injunction and recovery of cost will remain in abeyance as against petitioner for a period of two months from this day or till the appellate court passes appropriate orders on the application if any preferred by petitioner, whichever is earlier. THOMAS P.JOSEPH, Judge. cks