IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 20762 of 2010(O) -------------------------- OS.1762/2009 of I ADDL.MUNSIFF COURT.,TRIVANDRUM .................... PETITIONER: --------------- C.RAJAPPAN, S/O.CHELLAPPAN' PULIKUNNUVILA VEEDU, VRA -59 MOSQUE LANE, PATTOM PO,KESAVADASAPURAM THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENTS: --------------- 1. V.SUDARSANAN, S/O.VASU T.C.14/1614, KANNEVILA VEEDU'BURMA ROAD KUMARAPURAM,MEDICAL COLLEGE PO,THIRUVANANTHAPURAM 695011 2. N.THANKAMONY, D/O.CHINNA NARAYANI POORADAM, T.C.14/1293, PADINJATTIL LANE KUMARAPURAM,MEDICAL COLLEGE PO,THIRUVANANTHAPURAM 695 011 3. THANKAPPAN, S/O.CHELLAPPAN SNAKARAMANGALAM,PALODE PACHA PO THIRUVANANTHAPURAM 695 562 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.20762 of 2010 --------------------------------------- Dated this 05th day of July, 2010 JUDGMENT Petitioner before me is plaintiff No.2 in O.S.No.1762 of 2009 of the court of learned Additional Munsiff, Thiruvananthapuram. That is a suit filed by petitioner and others for cancellation of judgment and decree for partition in O.S.No.294 of 1970 obtained by respondent No.1, according to the petitioner and others fraudulently and collusively and without impleading all co-owners of the suit property. Petitioner states that he was arrayed as a party in O.S.No.294 of 1970 but, there was no service of notice on him. Respondent No.1 challenged maintainability of the suit and that issue was heard as a preliminary issue and found in favour of respondent No.1. The suit, according to the petitioner was 'closed' by order dated 24-06-2010. Learned counsel states that petitioner has applied for a carbon copy of the order on 25-06-2010 but, petitioner is yet to receive it. In the meantime, respondent No.1 has moved the Lok Ayuktha complaining that revenue officials are not taking steps to mutate the property in his name and that petition is coming up for hearing. The prayer in the writ petition is to issue a direction to the learned Munsiff to issue carbon copy of W.P.C.No.20762 of 2010 : 2 : the order dated 24-06-2010 as requested for in I.A.No.4401 of 2010 and in the meantime keep proceedings of Lok Ayuktha pending. 2. Having gone through the petition and heard counsel for petitioner, I am not persuaded to think that in this proceeding, invoking Article 227 of the Constitution the proceeding pending before the Lok Ayuktha can be directed to be kept pending. But, petitioner is entitled to get carbon copy of the order dated 24-06-2010 as requested for in I.A.No.4401 of 2010 if it is applied for at the earliest. Accordingly this writ petition is disposed of directing learned Additional Munsiff-I, Thiruvananthapuram to issue carbon copy of the order dated 24-06-2010 disposing of the suit, if it has been applied for in accordance with the relevant rules, as expeditiously as possible at any rate within one week from the date of receipt of a copy of this judgment. (THOMAS P JOSEPH, JUDGE) Sbna/-