IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No.23222 of 2009(W) -------------------------------- AGAINST THE ORDER IN EP 194/09 IN RCP.135/2005 of M.C.,ERNAKULAM .................... PETITIONER(S): ----------------- M.N. FRANCIS XAVIER, AGED 48 YEARS, S/O. XAVIER,MOONACHERRY HOUSE, THOPPUMPADY, COCHIN, ERNAKULAM DIST. BY ADV. SRI.P.J.JOSEPH PANIKKASSERY RESPONDENT(S): ------------------ PRAKASH P. THOMAS, AGED 37 YEARS, SON OF THOMAS POTHEN , POTHENS HOUSE, SOUTH OVERBRIDGE AVENUE, ERNAKULAM, COCHIN -36. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ W. P. C. No.23222 of 2009 ------------------------------------------------ Dated this the 14th day of August, 2009 JUDGMENT Pius C. Kuriakose, J This Writ Petition is filed under Article 227 of the Constitution of India by the tenant. The execution court i.e. the Principal Munsiff Court, Ernakulam has ordered delivery in respect of the building occupied by him. The execution court has ordered delivery on 11/08/09. It is the case of the petitioner that as soon as order of delivery was passed, oral request was made for issuance of carbon copy and immediately thereafter, a written application for issuance of carbon copy was submitted. The petitioner alleges that till this day carbon copy has not been issued. According to the W. P. C. No.23222 of 2009 -2- petitioner, if carbon copy is not issued and the petitioner is not able to challenge the order of delivery before the appropriate forum, he will be dis-possessed of the building. 2. We do not propose to go into the merits of the matter. 3. Having regard to the limited relief which is being given herein, we are inclined to dispose of the Writ Petition even without notice to the respondent issuing the following directions:- 1) The Principal Munsiff, Ernakulam will issue carbon copy of the order of delivery dt.11/08/09 passed in E.P.194/09 in RCP.135/05 to the petitioner (if the application for issuance of carbon copy has been filed and the same is in order) at the earliest i.e. at any rate, within three days of receiving a copy of W. P. C. No.23222 of 2009 -3- this judgment. 4. In view of the above direction the learned Munsiff is also ordered to adjourn the delivery of the building which is subject matter of E.P.194/09 to 27/08/09. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-