IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 OP(C).No. 848 of 2011(O) ------------------------ AS.167/2007 OF DISTRICT COURT,KOZHIKODE .................... PETITIONER: ------------------ MARKAZZU SAAQUAFATHI SUNNIYA , A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, REP.BY ITS GENERAL SECRETARY-A.P.ABOOBACKER MUSALIYAR,S/O.AHAMMED HAJI,KUNNAMANGALAM AMSOM, KARANTHUR DESOM, KOYILANDY TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): --------------- 1. OTHAYOTH PARAYI,W/O.LATE KANDAN, OTHAYOTH , KAKKANCHERRY PO, KOZHIKODE DISTRICT 673 620. 2. SREEJA,D/O.PARAYI,OTHAYOTH , KAKKANCHERRY PO,KOZHIKODE DISTRICT 673 620. 3. PUSHPA,D/O.PARAYI,OTHAYOTH , KAKKANCHERRY PO,KOZHIKODE DISTRICT 673 620. 4. RAJU,S/O.PARAYI,OTHAYOTH , KAKKANCHERRY PO,KOZHIKODE DISTRICT 673 620. 5. O.K.VELAYUDHAN,S/O.APPARI, BADAKKOTH MEETHAL, KAKKANCHERRY PO,KOZHIKODE DISTRICT 673 620. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ O.P.(C).No.848 of 2011 ------------------------------------- Dated this the 7th day of March, 2011 JUDGMENT The reliefs prayed for in the Original Petition are the following : "(i) Pass appropriate orders directing the learned District Court, Kozhikode to issue certified copy of the judgment and decree in A.S.No.167/2007 as expeditiously as possible, at any rate within a time limit to be fixed by this Hon'ble Court. (ii) Pass an order staying the operation and implementation of the judgment dated 24.1.2011 passed by the District Court, Kozhikode in A.S.No. 167/2007 till the certified copy of the judgment and decree in A.S.No.167/2007 of the Hon'ble District Court, Kozhikode is issued to the petitioner and for a further period of two weeks so as to enable this petitioner to move the Second Appeal and obtain necessary interim orders. O.P.(C)No.848/2011 2 (iii) Pass such other orders that this Hon'ble Court deems fit to pass in the facts and circumstances of the case including the costs of this petitioner." 2. The Registry was directed to find out whether the decree is ready and within what time it can be granted to the petitioner. Information was received by the Registry that copy of the decree can be issued on 7.3.2011. Therefore, no further directions are required. 3. As regards relief No.(ii), I do not think that the jurisdiction under Article 227 of the Constitution of India can be invoked by the petitioner. The remedy of the petitioner is to move the court below. The Original Petition is accordingly closed. K.T.SANKARAN JUDGE csl