IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 OP(C).NO. 3474 OF 2011(O) -------------------------------------- OS.164/2011 OF MUNSIFF COURT, PALAKKAD PETITIONER: -------------------- RAFEEQ, AGED 35 YEARS, S/O. LATE KUNHAHAMMED, KATTIL PEEDIKA, KIZHAKKEMURI, KODUNTHIRAPULLY AMSOM AND DESOM, PIRAYIRI VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT PIN-678 004. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------------------- NABEESA UMMA, AGED 75 YEARS, W/O.MERANKUTTY, D/O.MAKKI ROWTHER, NEELIKKAD, KAVILPPAD AMSOM DESOM, PALAKKAD TALUK, PALAKKAD DISTRICT. PIN – 678 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3474 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 A TRUE COPY OF I.A. NO.2598 OF 2011 IN O.S. NO.164 OF 2011 OF THE COURT OF LEARNED MUNSIFF, PALAKKAD. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3474 of 2011 -------------------------------------- Dated this the 27th day of October, 2011. JUDGMENT Petitioner is the plaintiff in O.S.No.164 of 2011 of the court of learned Munsiff, Palakkad. That is a suit for injunction to restrain the respondent from trespassing into the suit property which according to the petitioner, is B schedule in the final decree in O.S.No.100 of 1980 of the court of learned Sub Judge, Palakkad and which, respondent/defendant assigned to the petitioner as per sale deed No.6051 of 2008. In view of the contention raised by the respondent, petitioner wanted a survey commission to be appointed to identify the suit property with reference to the sale deed and final decree above stated. That application was dismissed. Petitioner seeks a direction to the learned Munsiff to issue certified/carbon copy of the order dated 20.10.2011 on I.A.No.2598 of 2011 in O.S.No.164 of 2011 and such other orders this Court deems just and proper. 2. Learned counsel submits that in view of the contention raised by the respondent/defendant that the suit property is covered by the final decree in O.S.No.516 of 1994, it is necessary to identify the property with reference to the documents of title referred by the petitioner in the plaint. Having regard to the contentions raised this Original Petition is disposed of as follows: OP(C)No.3474/2011 2 i. Learned Munsiff, Palakkad is directed to issue certified/carbon copy of the order dated 20.10.2011 on I.A.No.2598 of 2011 in O.S.No.164 of 2011 as early as possible, if applied for in accordance with the rules and subject to usual terms as to cost. ii. Learned Munsiff is directed to adjourn trial of the case to a day after one week from the date notified for delivery of the certified/carbon copy of the order, whichever is earlier notified for delivery. THOMAS P.JOSEPH, Judge. cks