IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 20211 of 2008(F) -------------------------- AGAINST THE ORDER DATED 07/06/2008 IN EP 5/08 IN RCP.39/2004 of PRL.M.C., KOLLAM .................... PETITIONER: ------------ IBRAHIM KUNJU, S/O.HAJI ABDUL AZEEZ 45 YEARS. PROVISION AMD STATIONARY SHOP OPP.THE STATE BANK OF INDIA, KAVANADU PO, KOLLAM BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: ------------- B.ASHOK KUMAR S/O.DIVAKARAN, ANDIMADAM, THIRUMULLAVARAM, KOLLAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.20211 OF 2008 -------------------------------- Dated this the 4th day of July, 2008 JUDGMENT Raman,J. Petitioner is a tenant, who faced with an order of eviction in R.C.P.NO.39/04, which has become final. The said order is sought to be executed in E.P.No.5/2008. Landlord sought eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act. On the appointed day on which the case was posted for trial, the tenant did not appear. Hence, the order of eviction was passed after declaring the petitioner ex parte. Thereafter, he filed an application to set aside the ex parte order. But on the day on which that application was posted, again he defaulted. So, that application was dismissed. Thereafter, the second application was filed to restore the application to set aside the ex parte decree. But he did not appear again and hence that application was dismissed. Petitioner applied for certified copy of the -2- WP(C).No.20211/2008 order. According to him, he has not been issued a certified copy. In the meantime, execution proceedings are taken. Hence, he prays that till the certified copy is issued to him, further proceedings for execution may be stayed. 2. We have heard the learned counsel for the petitioner. 3. We are not examining the merits of the contention raised by the petitioner in this writ petition. Since he has not been issued a certified copy of the order, we direct the Principal Munsiff's Court, Kollam to issue a certified copy of the order in I.A.No.2541/07 (Ext.P4), as expeditiously as possible, at any rate within a period of ten days. Delivery pursuant of the order of eviction, if not already taken up, be deferred for a period of three weeks. Issue copy of this judgment to the petitioner so as to enable him to produce the same before the Munsiff's Court, Kollam. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.