IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 8268 of 2010(O) ----------------------------------------- AGAINST THE ORDER IN IA 114/2010 IN OS.59/2009 of MUNSIFF COURT, OTTAPPALAM . .................... PETITIONER(S): ----------------------- LAKSHMIKUTTY AMMA, D/O. THEKKEETTIL NARAYANAN NAIR, AGED 70, PADINJARE THEKKETTIL HOUSE, NELLIKKURISSI DESOM, OTTAPPALAM TALUK, PALAKKAD. BY ADVS. MR.R.MURALEEKRISHNAN MR.P.M.MUJEEB REHIMAN RESPONDENT(S): ------------------------- 1. SIVASANKARAN NAIR, S/O. ACHUTHAN NAIR, AGED 63, THEKKEETTIL HOUSE, NELLIKURRISSI DESOM, OTTAPPALAM TALUK. 2. AMMINI AMMA, W/O. LATE KUTTAPPAN NAIR, AGED 65, KAYARATTU PARAMBIL HOUSE, MULANJOOR AMSOM, OTTAPPALAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 8268 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010. JUDGMENT In this writ petition, the petitioner seeks a direction to the Munsiff's Court, Ottappalam to provide certified copy of the order in I.A. 114 of 2010 in O.S. 59 of 2009 and until that is granted, to keep the order in the said petition in abeyance. 2. Petitioner is the first defendant in O.S. 59 of 2009 before the Munsiff's Court, Ottappalam. First respondent is the plaintiff. The suit was one for fixation of boundary and for recovery of possession. Copy of the plaint is produced as Ext.P1. The plaintiff filed an application for issuance of a Commission to identify the property. Commissioner filed an interim report pointing out that the help of Taluk Surveyor is necessary for preparation of a proper plan and report. While the said application was pending, I.A. 114 of 2010 was filed by the plaintiff seeking to put up fencing on the western WPC. 8268/2010. 2 side of the property and for restraining the petitioner herein from obstructing the same. Copy of the said petition is produced as Ext.P3. Petitioner filed a detailed objection to the same and his objection is produced as Ext.P4. Petitioner says that the said petition was allowed and the plaintiff was allowed to put up fence. Petitioner, in the meanwhile, sought for a certified copy of the order in the petition. He has not received it so far. Therefore he is unable to take further steps in the matter. 3. Petitioner prays that there may be a direction to the court below to issue certified copy of the order and till then, the impugned order in I.A. 114 of 2010 be kept in abeyance. 4. On a perusal of the petition, it is seen that the order in I.A. 114 of 2010 was passed on 29.1.2010. Copy application was immediately filed and the copy application number is 141 of 2010. One fails to understand as to why the certified copy has not been granted so far. Petitioner is WPC. 8268/2010. 3 certainly entitled to take further steps, if he is aggrieved by the order in I.A. No.114 of 2010. Therefore, there will be a direction to the Munsiff's Court, Ottappalam to issue certified copy of the order in I.A. 114 of 2010 forthwith to the petitioner and till the certified copy is granted, the operation of the order shall be kept in abeyance. P. BHAVADASAN, JUDGE sb.