IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 OP(C).No. 3087 of 2011(O) ------------------------- OS.893/2004 of PRL.SUB COURT,THRISSUR .................... PETITIONER(S): -------------------- PARIMALA, AGED 42 YEARS, VATANAPPALLY AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. SATHYAN, AGED 45 YEARS, S/O.KADUNGI SANKARAN, VATANAPPALLY AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT 680506. 2. PRASANNA, AGED 39 YEARS, W/O.SATHYAN, VATANAPPALLY AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT 680506. 3. VIMALA, AGED 43 YEARS, W/O.KADUNGI RAMAKRISHNAN, VATANAPPALLY AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT 680506. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C0NO.3087/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT FILED BY THE RESPONDENTS 1 & 3 BEFORE THE SUB COURT, THRISSUR WHICH IS NUMBERED AS O.S.NO.505/2004 EXT.P2 TRUE COPY OF THE PLAINT FILED BY PETITIONER AND OTHERS AGAINST RESPONDENTS BEFORE THE SUB COURT, THRISSUR WHICH IS NUMBERED AS O.S.NO.893/2004 EXT.P3 TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT FILED INOS 893/2004 //TRUE COPY THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3087 of 2011 -------------------------------------- Dated this the 26th day of September, 2011. JUDGMENT 1st plaintiff in O.S.No.893 of 2004 of the court of learned Sub Judge, Thrissur is the petitioner. That is a suit filed by petitioner and others for a decree for mandatory injunction to direct respondents to demolish portion of the compound wall said to be constructed over plaint B schedule. Respondents 1 and 3 filed O.S.No. 505 of 2004 against petitioner and others for a decree for fixation of boundary and prohibitory injunction against trespass and demolition of the compound wall. The suits were tried and disposed of jointly as per judgment dated 31.08.2011. O.S.No.893 of 2004 was dismissed and O.S.No.505 of 2004 was decreed. 2. Grievance of petitioner is that petitioner has already applied for certified copy of judgment and decree in the suits but, has not so far received it. In the meantime respondents are attempting to close down plaint B schedule. Hence it is prayed that learned Sub Judge may be directed to issue certified copy of common judgment and decree dated 31.08.2011 and in the meantime restrain respondents from closing plaint B schedule. OP(C)No.3087/2011 2 3. So far as first prayer is concerned, I am inclined to issue a direction. So far as apprehension of petitioner that respondents might close down plaint B schedule is concerned, it is open to the petitioner or other plaintiffs in O.S.No.893 of 2004 to request learned Sub Judge pass appropriate orders if circumstances and law enabled that. Resultantly this Original Petition is disposed of directing learned Sub Judge, Thrissur to issue a certified copy of common judgment and decree dated 31.08.2011 in O.S.No.893 of 2004 and 505 of 2004 as early as possible as applied for by petitioner and others. If petitioner or other plaintiffs in O.S.No.893 of 2004 is/are apprehensive about the alleged acts of the respondents it is open to them to approach learned Sub Judge for appropriate relief if they are otherwise entitled to that course. THOMAS P.JOSEPH, Judge. cks