IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 28924 of 2010(O) -------------------------- OS.343/2008 of I ADDL.MUNSIFF COURT.,NEYYATTINKARA .................... PETITIONER: --------------- 1. ALOCIOUS FERNANDEZ FATHIMA COTTAGE CHARATHADY PULLUVILA P O KARUMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 2. ANTONY FERNANDEZ CHARATHADY, PURAYIDOM PULLUVILA P O, KARUMKULAM VILLAGE, NEYYATTINKARA TALUK THIRUVANANTHAPURAM BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: --------------- 1. J JOOSA MORAIS, CELINE NIVAS PULLUVILA, KARUMKULAM VILLAGE NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695 526 2. K MARY CELINE, W/o. J JOOSA MORAISE KARUMKULAM P O, CELINE NIVAS PULLUVILA, KARUMKULAM VILLAGE NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695 526 3. SYMON JOSE, ARATTUKULAM HOUSE BHAGAT SINGH ROAD, PETTAH THIRUVANANTHAPURAM -695 024, PETTAH P O 4. JAMES GONSALVEZ, H/o. JANET GONSALVES, ARATTUKULA HOUSE BHAGAT SINGH ROAD, PETTAH, PETTAH P O, THIRUVANANTHAPURAM-695 024 5. JANET GONSALVEZ, W/o. JAMES GONSALVEZ ARATTUKULAM HOUSE, BHAGAT SINGH ROAD, PETTAH, PETTAH P O, THIRUVANANTHAPURAM-695 024 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ------------------------- W.P (C) No.28924 of 2010 -------------------------- Dated this the 17th day of September, 2010 J U D G M E N T Defendants in O.S.No.343 of 2008 of the court of learned Principal Munsiff, Neyyattinkara are the petitioners before me. They suffered an ex parte decree on 07-08-2009 for declaration of title of respondents and for recovery of possession of 'FGHIJK' plot in Ext.P6, report of the Advocate Commissioner. To set aside the ex parte decree they filed I.A.No.4612 of 2009. That application was dismissed on 14-09-2010. Petitioners have applied for a copy of the order vide I.A.No.6805 of 2010 and C.F.No.14021. Grievance of petitioners is that a carbon copy of the order is not so far issued to them and in the meantime the property is sought to be recovered on 20-09-2010. Petitioners say that there are structures in the property sought to be recovered and it is about to be demolished with the assistance of police. It is requested that direction may be issued to the learned Munsiff to issue copy of the order and in the meantime decree for recovery of possession may be kept in abeyance. 2. I have been taken through the relevant records and also through Ext.P5, report of the Advocate Commissioner and averments in the plaint as to the extent of property over which respondents W.P.C.No.28924 of 2010 2 claimed title and possession. Having regard to the circumstances of the case I am inclined to give some time to the petitioners so that in the meantime they can challenge dismissal of I.A.No.4612 of 2009 as provided under law. Writ petition is disposed of in the following lines: (i) Learned Principal Munsiff, Neyyattinkara is directed to issue carbon copy of the order dated 14-09-2010 on I.A.Nos.4611 in O.S.Nos.343 and 426 of 2008, respectively and 4612 of 2009 as early as possible. (ii) It is directed that the structures in the property allowed to be recovered in O.S.No.343 of 2008 shall not be demolished till the expiry of seven (7) days from the date notified for delivery of the carbon copy of the orders as requested for in I.A.Nos.6805 and 6806 of 2010. THOMAS P.JOSEPH, Judge. Sbna/-