IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 1665 of 2010(G) ------------------------- RCRP.1/2010 of D.C & SESSIONS COURT,TRIVANDRUM RCP.31/2008 of PRL.M.C.,TRIVANDRUM .................... PETITIONER(S): --------------- YOHANNAN VINCENT @ JOHN, S/O.VINCENT, T.C.13/1941, KULLUVETTAMKUZHI VEEDU, KANNAMMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 14. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENTS: --------------------------- 1. DR.RADHIKA RAMACHANDRAN, W/O.RAMACHANDRAN, VIBANCHIKA, T.C.15/167, ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. NEERAJ KISHORE, S/O.RAMACHANDRAN, VIBANCHIKA, T.C.15/167, ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. NISHANT VINAYAK, S/O.RAMACHANDRAN, VIBANCHIKA, T.C.15/167, ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.C.No. 1665 OF 2010 ------------------------ Dated this the 20th day of January, 2010 JUDGMENT Pius C.Kuriakose, J. Having gone through the report submitted by the Special Messenger appointed by this court, we are of the view that it can be declared that the respondents have been duly served with notice. There is no appearance for the respondents. 2. This is a writ petition filed by the petitioner, who is the judgment debtor in RCP No.31/2008 presently pending execution before the Principal Munsiff Court of Thiruvananthapuram. His grievance is that even though he is applied for getting a carbon copy of the order dated 15/1/2010 in RCRP No.1/2010 on the files of the District Court, Thiruvananthapuram dismissing the RCRP, which was filed against the order of delivery passed by the Execution Court, carbon copy is not yet obtained. His apprehension is that he will be dispossessed of the building even before he obtains a carbon copy and becomes able to challenge the order in RCRP No.1/2010. We are of the view that even without examining the merits of the various grounds raised WPC.No.1665/2010 2 in the writ petition, this writ petition can be disposed of immediately granting limited relief to the petitioner in the following terms; i). The Ist Additional District Court, Thiruvanthapuram is directed to issue carbon copy of the order dated 15/1/2010 in RCRP No.1/2010 early and at any rate within seven days of receiving a copy of this judgment provided an application for carbon copy has been made by the petitioner on time and the said application is in order. ii). Considering the above direction, there will be a direction to the Principal Munsiff Court, Thiruvanthapuram to adjourn the delivery of the building, which is subject matter of EP No.239/2009 in RCP. No.31/2008 for a period of 14 days from today. The Writ Petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk