IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21679 of 2009(O) -------------------------- O.S.NO.589/05 BEFORE THE MUNSIFF COURT, CHALAKUDY PETITIONER(S): --------------- VELAYUDHAN, S/O.KONNAPPAN, AGED 83 YEARS PARAYANVALAPPIL HOUSE, POOVATHUSSERY P.O., THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- KUTTAPPAN, S/O.LAKSHMI, AYYEZHATH HOUSE, POOVATHUSSERY P.O., THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.21679 OF 2009 (O) ----------------------------------- Dated this the 31st day of July, 2009 J U D G M E N T Petitioner is the defendant in O.S.No.589 of 2005 on the file of the Munsiff Court, Chalakkudy. Suit is one for partition and the respondent, the plaintiff. A preliminary decree was passed against the petitioner, and, later, he moved an application for setting aside that decree with a petition to condone delay. Another application was also moved to stay the final decree proceedings. The petition moved to condone delay, after enquiry, was dismissed, which resulted in the dismissal of the petition for setting aside the ex parte decree. Along with that petition, the application moved for staying the final decree proceedings was also dismissed. In effect all three petitions were dismissed by a common order. Petitioner moved an application on 22.7.2009 for issuing of carbon copy of the common order. The order was pronounced on 20.7.2009 and the next day was a holiday, according to the WPC.21679/09 2 petitioner. The application moved by the petitioner for issue of carbon copy was dismissed by the court below holding that it was belated. Propriety and correctness of that order is impeached in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the learned counsel for the petitioner. From the submissions made and the facts and circumstances presented, I find no notice to the respondent is necessary, and hence, it is dispensed with. 3. Taking note of the facts presented, I find the dismissal of the application for issuing of carbon copy the next day after the passing of the order especially where the previous day was a holiday, was not proper and correct. The impugned order of the learned Munsiff passed on Ext.P1 application for issue of carbon copy of the common order passed is set aside directing the learned Munsiff to issue carbon copy of the order within ten days from the date of receipt of a copy of this judgment. WPC.21679/09 3 Writ petition is disposed accordingly. Handover a copy of this judgment to the counsel on both sides on usual terms. S.S.SATHEESACHANDRAN JUDGE prp