IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 OP(C).No. 2333 of 2011(O) ------------------------- ORDER IN C.A.NO.494/2011 IN AS NO.76/1997 OF DISTRICT COURT, MANJERI PETITIONER (S): ------------------------------ GOPINATHAN.K.M., S/O. LATE KUNHIRAMAN NAIR, GOKULAM HOUSE, PO PUTHUR, PUTHUR AMSOM, CHERUKUNNU DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. V.M. KUNHILAKSHMI AMMA, W/O. LATE KUNHIRAMAN NAIR, MARATH HOUSE, PANG SOUTH.P.O., PANG AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679338. 2. K.M.SETHUMADHAVAN, S/O. LATE KUNHIRAMAN NAIR, LAKSHMI HOUSE, PO PUTHUR, PUTHUR AMSOM, CHERUKUNNU DESOM, TIRUR, TALUK, MALAPPURAM DISTRICT-676503. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2333/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF JUDGMENT DATED 12.11.2003 IN AS 76/97 OF THE DISTRICT COURT, MANJERI EXT.P2 TRUE COPY OF CA NO.494/2011 DATED 6.4.2011 OF THE PETITIONER ALONG WITH DOCKET ORDER DATED 27.5.2011 OF THE DISTRICT COURT, MANJERI //TRUE COPY// P.A. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2333 of 2011 -------------------------------------- Dated this the 20th day of July, 2011. JUDGMENT First respondent in A.S.No.76 of 1997 of the court of learned District Judge, Manjeri is the petitioner. That appeal was dismissed. Petitioner filed application for a certified copy of the appellate court decree vide C.A.494 of 2011. That application was returned by order dated 27.05.2011 for the reason that decree is not seen drawn up so far. Learned counsel contends that if the decree has not so far been drawn up, it ought to have been drawn up and its certified copy issued to the petitioner rather than returning the copy application. I am inclined to agree. Resultantly this Original Petition is allowed. Order dated May 27, 2011 on C.A.494 of 2011 of the learned District Judge, Manjeri is set aside. Petitioner is permitted to re-present the application for certified copy of order dated 27.05.2011 within ten (10) days from this day and thereon, learned District Judge is directed to entertain that application. If copy of the decree has not so far been drawn up it has to be drawn up at the earliest. Learned District Judge shall arrange to issue a certified copy of the same to the petitioner on usual terms, at the earliest. THOMAS P.JOSEPH, Judge. cks