IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 2398 of 2010(O) ------------------------- EA NO.43/2010 IN EA 380/2009 IN EP 243/2007 IN OS 524/2000 OF PRINCIPAL MUNSIFF'S COURT, ERNAKULAM PETITIONER(S): --------------------------- GEETHA, W/O.LATE PREMANANDA PAI, NIKARTHIL HOUSE, PATTUKULANGARA, KUTHIAYATHODU P.O CHERTHALA. BY ADV. SRI.S.VINOD BHAT RESPONDENT(S): --------------- SHOBA, W/O.AUGUSTINE, THAMMANATHUPARAMBIL HOUSE, PONNURUNNI, THAMMANAM P.O. ADV. SRI.N.K.MOHANLAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.2398/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE APPLICATION NO.EA 380/2009 IN EP NO.243/2007 IN OS 524/2000 OF MUNSIFF'S COURT, ERNAKULAM DATED 23.7.2009 EXT.P2 COPY OF COPY OF THE APPLICATION NO.EA 43/2010 IN EA 380/2009 IN EP NO.243/2007 IN OS 524/2000 OF MUNSIFF'S COURT, ERNAKULAM DATED 19.1.2010 RESPONDENT'S EXHIBITS: EXT.R1 TRUE COPY OF OBJECTION TO EP FILED BY THE PETITIONER //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.2398 of 2010 -------------------------------------- Dated this the 26th day of May, 2010. JUDGMENT Petitioner and respondent, direct sisters joined hands against the brother to get a decree for partition. Court directed division of property into five equal shares. Pursuant to that, a final decree was also passed. But according to the petitioner, she was not made a party to the final decree application nor was she issued any notice therefrom. Though Advocate Commissioner who was appointed in the final decree proceedings issued notice to the petitioner that was not in her address given in the proceedings and hence she could not be present at the time Advocate Commissioner inspected the property and made division. As per the division made by the Advocate Commissioner, 1.6 cents (out of eight (8) cents) abutting the road was allotted to the respondent leaving rest of the property to petitioner and other sharers. Grievance of petitioner is that by that division petitioner and other sharers will not have any right of access to their respective shares. Petitioner filed application under Order 21 Rule 99 of the Code of Civil Procedure which the executing court dismissed on 08.01.2010. In the meantime, respondent filed E.A.No.380 of 2009 seeking detention of other decree holders for alleged continuous obstruction of enjoyment of property delivered to the respondent and police protection for construction of compound wall in that property. That application was taken up on 08.01.2010 and the executing court allowed police protection for construction of compound wall in the WP(C) No.2398/2010 2 property delivered to the respondent. Immediately, petitioner applied for certified copy of order dated 08.01.2010 (on E.A.No.380 of 2009), But so far she has not been issued a certified copy. In the meantime, respondent attempted to construct compound wall which according to the petitioner, if done would prejudice her interest. Hence, this Writ Petition seeking a direction to the executing court to issue certified copy of the order dated 08.01.2010 on E.A.No.380 of 2009 and for such other reliefs as this Court considers fit. 2. Learned counsel for respondent would submit that the matter is being delayed for one or other reason and that respondent is not able to enjoy the fruits of the decree. She has to construct the compound wall for protection of property delivered over to her. 3. The limited prayer in this petition is to direct executing court to issue copy of order dated 08.01.010 on E.A.No.380 of 2009. Learned counsel for petitioner submits that a direction may be issued and, in the meantime interim order of stay passed by this Court on 10.03.2010 and extended thereafter may be kept alive. 4. Having regard to the facts and circumstances, I am inclined to give a direction to the executing court to issue a copy of the order dated 08.01.2010 on E.A.No.380 of 2009 if it is applied for, on usual terms. Considering the circumstances stated by learned counsel and the apprehension expressed the interim order of stay granted by this Court is kept alive for some WP(C) No.2398/2010 3 time. Resultantly this Writ Petition is disposed of directing the learned Principal Munsiff, Ernakulam to issue certified copy of order dated 08.01.2010 on E.A.No.380 of 2009 in E.P.No.243 of 2007 in O.S.No.524 of 2000, if petitioner has applied for the same, on usual terms as early as possible, giving top priority to the application, at any rate within one month from the date of receipt of a copy of this judgment. It is directed that the interim order of stay granted by this Court on 10.03.2010 and extended on 25.03.2010 will remain in force until the expiry of seven (7) days from the date on which certified copy of the order referred to above is notified for delivery to the petitioner or taken delivery by her, whichever is earlier. I.A.Nos.1308 & 3500 of 2010 will stand closed. THOMAS P.JOSEPH, Judge. cks