IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 OP(C).No. 558 of 2010(O) ------------------------ OS.182/2009 of SUB COURT, THIRUVALLA .................... PETITIONERS ------------------------------- 1. CHANDAPILLA MATHAI, S/O.MATHAI, PUTHEN PARAMPIL HOUSE, ANIKKADU.P.O., MALLAPPALLY. 2. MARIYAMMA, W/O.CHANDAPILLA MATHAI, PUTHEN PARAMPIL HOUSE, ANIKKADU.P.O., MALLAPPALLY. 3. SUJA SABU, W/O.SABU ALEX, PUTHEN PARAMPIL HOUSE, ANIKKADU.P.O., MALLAPPALLY. 4. RIGIN SABU (MINOR), AGED 14 YEARS, S/O.SABU ALEX, PUTHEN PARAMPIL HOUSE, ANIKKADU.P.O MALLAPPALLY, REPRESENTED BY HIS GUARDIAN- MOTHER 3RD PETITIONER SUJA SABU. 5. RIYA SABU (MINOR), AGED 12 YEARS, D/O.SABU ALEX, PUTHEN PARAMPIL HOUSE,ANIKKADU.P.O. MALLAPPALLY, REPRESENTED BY HIS GUARDIAN- MOTHER 3RD PETITIONER SUJA SABU. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- STATE BANK OF TRAVANCORE, MALLAPPALLY BRANCH, PATHANAMTHITTA DISTRICT, PIN-689 584, REPRESENTED BY ITS MANAGER. BY ADV. SHRI K.S.DILIP, STANDING COUNSEL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.558 of 2010 -------------------------------------- Dated this the 3rd day of November, 2010. JUDGMENT Petitioners are the defendants in O.S.No.182 of 2009 of the court of learned Sub Judge, Thiruvalla. They have suffered an exparte decree for payment of money to the respondent. Respondent put the decree in execution. While so, claiming that they were unaware of the exparte decree petitioners filed Exts.P2 and P3, applications to set aside the exparte decree and to condone the delay. Those applications were dismissed on 11.10.2010. Petitioners have applied for a copy of the judgment and decree and a copy of order on Exts.P2 and P3, applications. But they have not so far got a copy. Hence this petition for a direction. Learned counsel for petitioners contends that the loans were cleared and inspite of that, respondent filed the suit and obtained exparte decree. Learned counsel for respondent contends that only the agricultural cash credit facility is settled and the loan secured by equitable mortgage is subsisting though, by a mistake respondent happened to release title deeds deposited by the deceased husband of petitioner No.3. 2. It is not necessary for me to go into the controversy as to the correctness of judgment in the suit. Having regard to the facts and circumstances, learned Sub Judge, Thiruvalla is directed to issue a certified copy of judgment and decree in O.S.No.182 of 2009 and carbon/certified copy OP(C) No.558/2010 2 of order dated 11.10.2010 on Exts.P2 and P3, applications if applied for by petitioners on usual terms as early as possible. In case the decree is not so far drafted, court shall ensure that a copy of judgment as well as copy of order on Exts.P2 and P3, applications are issued to petitioners immediately. Petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks