IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 11713 of 2010(O) --------------------------------------- AS.92/2010 of II ADDL.DISTRICT COURT,ERNAKULAM CP.198/2009 of PRL.MUNSIFF COURT,ERNAKULAM .................... PETITIONER(S): ------------------------- PUSHKARAN, AGED 50 YEARS, S/O.VELU GOPALAN, CHACKALAPARAMBIL HOUSE, THEVARA, KOCHI-12. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): ------------------------- 1. C.K.SARADHA, AGED 63, W/O.LATE SILVANOSE, CHAKALAPARAMBIL, PLOT NO.G-69, PANAMPALLY NAGAR PO, KOCHI-26. 2. RAJESWARI, AGED 59 YEARS, W/O.LATE RAMLAL, DOOR NO.39/5868 A, SIVAPRIYA, K.C.ABRAHAM MASTER ROAD, PANAMPALLY NAGAR PO, KOCHI-36. 3. KRISHNA KUMARI, AGED 55 YEARS, W/O.R.RANGASWAMY, DOOR NO.V/116, IRIMPANAM P.O., THRIPUNITHURA. 4. PADMAKUMARI, AGED 53 YEARS, W/O.K.GOPINATH, ASWATHY, RAJEEV NAGAR, PUTHUKKALAVATTOM, ELAMAKKARA. 5. PUSHPAKUMARI, AGED 51 YEARS, W/O.V.S.RAGHAVAN, SUPERINTENDENT OF POLICE QUARTERS, PERUMANOOR. 6. AJITHAKUMARI, AGED 50 YEARS, W/O.C.N.SIVAPRASAD, CHAKKALAPARAMBIL ASAN LANE, THEVARA, KOCHI-13. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.11713 of 2010-O ------------------------------------- Dated 5th April 2010 Judgment The limited prayer of the petitioner in this Writ Petition is for a direction to the Second Additional District Court, Ernakulam to issue carbon copy of the order passed on IA No.1378/10 in OS No.92/10 and also to keep in abeyance, the delivery of the building involved in EP No.198/09 in RCP 34/08 till then. 2. The petitioner preferred a claim petition before the Munsiff's Court, Ernakulam in the execution proceedings. The claim petition was adjudicated and it was dismissed by order dated 16.03.2010. The petitioner carried the matter in appeal before the Second Additional District Court, Ernakulam as AS No.92/10. In the said appeal, he also moved an application for interim stay of further proceedings in execution, namely, IA No.1378/10. A copy of the said IA is produced as Ext.P2. The said IA WPC 11713/10 2 was dismissed, even without issuing notice to the respondents. Immediately, the petitioner applied for a carbon copy of the order, dismissing the IA filed by him. The delivery of the property is posted to 06.04.2010. The grievance of the petitioner is that before he is able to take up the matter in further proceedings, if delivery of the property is ordered, irreparable injury will be caused to him. Therefore, he prays for a direction to the 2nd Additional District Court, Ernakulam to issue a carbon copy of the order passed on the application for stay filed by the petitioner and also to keep in abeyance the delivery of the property. 3. In the nature of the order that is proposed to be passed in this Petition, it is felt that notice to the respondents is unnecessary. The petitioner has highlighted his grievance in the petition and he claims that he has filed an application for carbon copy of the order passed on his IA, which he has not been given so far. Therefore, he is unable to take further proceedings in the WPC 11713/10 3 matter. In the meanwhile, if delivery of the property is effected, the appeal filed by the petitioner will become infructuous. It is in the light of these facts that the directions are sought for. Considering the facts and circumstances, there will be a direction to the Second Additional District Court, Ernakulam to make available a carbon copy of the order in IA No.1378/10 in AS No.92/10 to the petitioner as expeditiously as possible. Till such time, the delivery of the building involved in EP No.198/09 in RCP 34/08 shall be kept in abeyance. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 11713/10 4