IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30532 of 2009(O) --------------------------------------- OS.237/2008 of MUNSIFF COURT, VAIKOM .................... PETITIONER(S): ------------------------ HARIHARAN, S/O.NARAYANAN, AGED 46, SIVASREE VEETTIL, PADINJATTINCHERI PADINJARE MURIYIL, NADUVILE VILLAGE, VAIKOM TALUK. BY ADVS.MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH) RESPONDENT(S): -------------------------- MAYA, D/O.NARAYANAN, VALLOOTHARAYIL, PADINJATTINCHERI THEKKEMURIYIL, VAIKOM VILLAGE, VAIKOM TALUK, (W/O.ROY, KOCHUPADIKKAPARAMBIL, KANNUKETTUSSERI MURI, NEDUVILE VILLAGE). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.30532 OF 2009 -------------------------- Dated this the 28th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue an appropriate writ order or direction commanding the Munsiff Court, Vaikom to defer the delivery ordered in E.P No.205/2009 for a reasonable period and issue carbon copy of the order in I.A Nos.1158/2009 and 1159/2009 and in O.S No.237/2008 immediately in the interest of justice. ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant. 2. An exparte decree was passed against the petitioner/first defendant in O.S No.237/2008 on the file of the Munsiff Court, Vaikom. His application for setting aside the exparte decree moved with a petition to condone delay, it is W.P.(C).No.30532 OF 2009 Page numbers submitted, has been dismissed by the court below. He has applied for getting a copy of the order passed in his application. Meanwhile the court ordered delivery of the property to the decree holder. Pursuant to steps taken for executing the decree, petitioner seeks issue of a writ, order/direction to the court below to issue copy of the order passed in his application moved for setting aside the exparte decree and also extending of a grace period, keeping in abeyance the delivery of the property, to enable him to prefer an appeal against the order passed by the trial court. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary and hence it is dispensed with. I direct the court below to issue a copy of the order passed in the application moved by the petitioner for setting aside the exparte decree, if applied for W.P.(C).No.30532 OF 2009 Page numbers within three weeks from the date of receipt/production of a copy of this judgment. Court below is also directed to keep in abeyance the delivery of the property for a period of six weeks from the date of this judgment. Writ petition is disposed as indicated above. Hand over a copy of the judgment to the learned counsel for the petitioner on usual terms and send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv