IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 OP(C).No. 3672 of 2011(O) ------------------------- CMA.42/2011 of ADDL.DISTRICT COURT,MAVELIKKARA OS NO.88/2011 OF MUNSIFF COURT, MAVELIKKARA .................... PETITIONER (S): ------------------------------ VIJAYAN, AGED 55 YEARS, S/O.KUNJUPILLAI, NADUVILE MURI, NOORANADU VILLAGE, MAVELIKKARA. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): --------------- SREEJA, W/O.SURENDRAN, MUNDAKOTTU PADEETTATHIL, NADUVILE MURI, NOORANADU VILLAGE, MAVELIKKARA. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.3672/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMMISSION REPORT AND SKETCH EXT.P2 TRUE COPY OF THE ORDER IN IA NO.1170/2011 EXT.P3 TRUE COPY OF THE CMA 42/2011 BEFORE THE DISTRICT COURT, MAVELIKKARA //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3672 of 2011 -------------------------------------- Dated this the 14th day of November, 2011. JUDGMENT Petitioner is the defendant in O.S.No.88 of 2011 of the court of learned Munsiff, Mavelikkara. That is a suit filed by the respondent for a declaration of right of easement by way of necessity or in the alternative, by prescription over plaint C schedule way for access to the plaint A schedule. Respondent obtained an order of status quo which was served on the petitioner on 03.07.2011. Later, alleging that petitioner violated the said order, respondent filed I.A.No.1170 of 2011 for an order of mandatory injunction to remove the obstruction caused at the eastern portion of plaint C schedule. Petitioner filed objection. That application was allowed by Ext.P2, order which petitioner challenged in C.M.A.No.42 of 2011 before the learned Additional District Judge, Mavelikkara. The appeal was dismissed on merit on 10.10.2011. Prayer in this petition is to direct the learned Additional District Judge, Mavelikkara to issue a copy of the judgment in C.M.A.No.42 of 2011 and in the meantime, to keep the proceedings in abeyance. Learned counsel requested for an order as above stated. 2. Having heard learned counsel I am inclined to direct the learned Additional District Judge to issue a copy of the judgment in C.M.A.No.42 of 2011 as early as possible. Resultantly this Original Petition is allowed as follows: OP(C)No.3672/2011 2 Learned Additional District Judge, Mavelikkara is directed to issue a copy of judgment dated 10.10.2011 in C.M.A.No.42 of 2011 as early as possible, at any rate within two weeks from the date of production of a copy of this judgment, if applied for on usual terms. THOMAS P.JOSEPH, Judge. cks