IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12410 of 2010(O) -------------------------- OS.725/1994 of PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER(S): --------------- KANTHIMATHY W/O.MANOHARA PRABHU KANNAMPARAMBIL, PARAVOOTHARA NORTH PARAVUR. BY ADV. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. LEELAMANY W/O.RAJABAKTHAN 35/2575, THULASI KARANAKODAM KOCHI 25 2. PREMALATHA W/.O.D.G.PREMANAND P V BUILIDNG NORTH NADA KODUNGALLUR 3. LEKHA, W/O.BALAKRISHNA SHARMA ROOM NO.2, PITHRUCHHAYA, CHOLA VILLAE THAKURLI EAST BOMBAY MAHARASHTRA 421 201 4. GEETHA DEVI, W/.O.SREENIVASA NAIK ARACKAL, PUTHENPALLI VARAPPUZHA 5. P D BABU, S/O.DAMODARAN SR.GR.ASST.CALICUT UNIVERSITY CALICUT. WPC 12410/10 -2- 6. RAMACHANDRA PAI KRISHNA STORES PERUMBAVOOR 7. VIVEK, S/O.RAMACHANDRA PAI KRISHNA STORES PERUMBAVOOR 8. SHESHU, S/O.RAMACHANDRA PAI KRISHNA STORES PERUMBAVOOR 9. SHALU RAMACHANDRA PAI W/O.RAMACHANDRA PAI KRISHNA STORES PERUMBAVOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- WP(C) No.12410 of 2010-O ------------------------------------- Dated 8th April 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the following reliefs are sought for : “i. Call for the records relating to Exhibits P1, P2, P3 and P5 to P9. ii. Issue a writ of mandamus or any other appropriate writ or order or direction, allowing Exhibits.P5 to P9 petitions and allow the petitioner to contest the suit on merits. Iii. Issue a writ of mandamus or any other appropriate writ or order or direction, directing the court below to pass appropriate orders in Exhibits P5 to P9 petitions on merits. Iv. Issue a writ of mandamus or any other appropriate writ, or order or direction, directing the execution court to keep in abeyance all proceedings in EP No.210/06 in OS No.725/94 on the file of the Subordinate Judge's Court, North Paravur till the disposal of Exhibits P5 and P6 petitions afresh.” WPC 12410/10 2 2. The petitioner submits, she has filed IA Nos.1420/10, 1421/10 and 1422/10 in OS No.725/94 and also EA Nos.579/10 and 580/10 in EP No.210/06 in OS No.725/94 before the Sub Court, North Paravur. The suit was one for partition filed by the first and second respondents hereinafter, to which the petitioner herein was not a party. The property belonged to the father of the plaintiffs and defendants 2 to 5 and husband of the first defendant. The copy of the plaint in the suit is produced as Ext.P1. The petitioner is the wife of the second defendant in the suit. The second defendant along with the first defendant filed a written statement, raising a contention that the plaint schedule property is bequeathed to the second defendant by his father as per a registered will dated 25.11.1991. The copy of the written statement is produced as Ext.P2. It is claimed that later on, the second defendant became mentally sick, he was admitted to hospital and is still undergoing treatment. Therefore, he was unable to contact his counsel and could not take necessary steps to defend the case. An ex parte preliminary WPC 12410/10 3 decree was passed on 18.11.1998 against the first and second defendants. The petitioner filed three applications, one to set aside the ex parte decree, another to condone the delay in filing it and the other to stay the execution of the preliminary decree. The petitioner also filed an application for appointing herself to appear for and on behalf of the second defendant in the execution proceedings along with a petition for stay of the execution of the ex parte decree. Copies of all the above applications are produced in the Writ Petition. 3. It is pointed out by the petitioner that since the second defendant became mentally ill, he was unable to contest the suit. When she came to know of the passing of the ex parte preliminary decree, she filed the above said petitions, which were all dismissed. The petitioner submits, though immediately she applied for a carbon copy of the order dismissing the petitions filed by her, she has not so far been issued with the same. She pointed out that in the meanwhile, the execution proceedings have been initiated and the execution petition stands posted for delivery WPC 12410/10 4 tomorrow. According to the petitioner, she is entitled to take further steps in the matter as are available to her in law. For that purpose, she needs copy of the order, dismissing the petitions filed by her. She therefore, prays for a carbon copy of the said order. She also prays for an order, keeping in abeyance the execution proceedings till such time to enable her to take further steps in the matter. 4. The prayers made by the petitioner seem to be only just and reasonable. Whatever be the fate of the petitions filed by her, she is certainly entitled to a copy of the order so passed so as to enable her to take further steps in the matter as are available to her in law. Accordingly, there will be a direction to the Sub Court, North Paravur to make available the carbon copy of the order passed by it on Exts.P5 to P9 petitions filed by her as expeditiously as possible and to keep the execution proceedings in EP No.210/06 in OS No.725/94 in abeyance till then. The Writ Petition is disposed of as above. I P.BHAVADASAN, JUDGE WPC 12410/10 5 sta WPC 12410/10 6