IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 36491 of 2009(O) -------------------------- OS.96/2004 of MUN-MAGI COURT, SASTHAMCOTTA .................... PETITIONER(S): --------------- SREEKUMARA PILLAI, SURESH BHAVANM, KALLALLI BHAGOM, THODIYOOR, KARUNAGAPPALLY. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- PADMAKSHI AMMA, NAGARUVILLA PUTHENVEETTIL, PANAPETTI MURI, SASTHAMCOTTA VILLAGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.36491 OF 2009 () ----------------------------------- Dated this the 17th day of December, 2009 J U D G M E N T Petitioner is the defendant in O.S.No.96 of 2004 on the file of the Munsiff Court, Sasthamkotta, in which, an ex parte decree had been passed against him. Petitioner has filed an application under Order IX Rule 13 of the Code of Civil procedure to set aside that ex parte decree. That application, after enquiry, was dismissed. He has applied for getting a certified copy of the order passed in his application. So far, the copy has not been issued. Meanwhile, the respondent/decree holder is taking hasty steps to execute the decree is the grievance espoused by the petitioner for issuing a writ/order/direction to the court below to issue the certified copy of the order on his application for setting aside the ex parte decree. 2. Having regard to the submissions made by the WPC.36491/09 2 learned counsel for the petitioner, I direct the learned Munsiff, Sasthamkotta to issue a certified copy of the order in the application moved by the petitioner for setting aside the ex parte decree within three weeks from the date of receipt/production of a copy of this judgment, in case, he also files an emergent application for issue of that copy. With the above direction, the writ petition is closed. Handover a copy of the judgment to the counsel for the petitioner on usual terms and send a copy of the judgment to the court concerned forthwith. S.S.SATHEESACHANDRAN JUDGE prp