IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36278 of 2009(O) -------------------------- OS.195/2008 of SUB COURT, TIRUR .................... PETITIONER(S): --------------- 1. K.ABDUL KHADER ,S/O. K.MAMMAI HAJI JASMINE HOUSE, POONGATTUKULAM,TIRUR 676 101. 2. JAMEELA, W/O.PARAPPURATH ALI MOHAMMED @ ALI HAJI, RESIDING DO.. 3. AMINU, W/O.PARAPPURATH MOIDEENKUTTY HAJI RESIDING DO.. 4. ASMABI, AGED 38 YEARS W/O.PARAPPURATH MOHAMMEDKUTTY HAJI, RESIDING DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- BHARATH PETROLEUM CORPORATION LTD REGD OFFICE AT BALLARD ESTATE, MUMBAI AND HAVING TERRITORY OFFICE AMONGST OTHER PLACES AT 3RD FLOOR, CEE KAY TOWERS, VANDIPETTA, KANNUR ROAD NADAKKAVU WEST IN KATCHERI AMSOM DESOM, KOZHIKODE REP BY ITS TERRITORY MANAGER MR.A.SIVARAMAKRISHNAN, S/O LATE DR.P.N.ANANTHARAMAN, AGED 33 YEARS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.36278 OF 2009 -------------------------------- Dated this the 18th day of December 2009 ---------------------------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of mandamus or any other appropriate writ order or direction, directing the learned Munsiff, Tirur to issue copy of the common judgment in O.S No.195/2008 and 80/2009 dated 06/12/2009. ii) Writ of mandamus or any appropriate writ order or direction, commanding the learned Munsiff to issue a carbon copy of the order passed by him in I.A No.2983/2009 dismissing the application filed by the petitioners to suspend the operations of the decree pending the appeal. iii) To grant such other reliefs prayed for from time to time including cost of these proceedings. 2. Petitioners are defendants 1 to 4 in O.S No.195 of 2008 on the file of the Munsiff court, Tirur. The above suit was instituted by the plaintiff, a Corporation. The dispute related to the property where a petrol pump was operated. That suit was jointly tried with another suit O.S No.80 of 2009, which was also instituted by the very same plaintiff/respondent W.P.(C).No.36278 OF 2009 Page numbers Corporation. It is submitted, the earlier suit, O.S No.195 of 2008 was decreed as prayed for and the other suit in part by a common judgment dated 05/12/2009. Petitioners have applied for getting certified copy of the judgment rendered to prefer an appeal, but so far it has not been furnished. An application moved by them for staying the operation of the judgment, after hearing both sides, had been dismissed by the trial court. Under the above circumstances, the petitioners have filed the writ petition seeking the aforementioned reliefs invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the learned Munsiff to issue a certified copy of the judgment rendered in the above two suits as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt/production of a copy of this judgment provided the W.P.(C).No.36278 OF 2009 Page numbers petitioner files an emergent application as well for issue of that copy with the production of a copy of this judgment. So far as the relief canvassed for staying the operation of the judgment I find since the decree had been granted in favour of the respondent after a full pleadged trial affording reasonable opportunity to both sides to lead evidence, it is not proper and appropriate for this court to issue any such order in exercise of its visitorial jurisdiction. Writ petition is disposed of. Hand over a copy of the judgment to the learned counsel for the petitioner and send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv