IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 4785 of 2010(O) ------------------------------------- [EP.NO.580/2009 IN OS.1040/2005 OF MUNSIFF COURT,CHAVAKKAD] .................... PETITIONER: ------------------- BINIL.C.THAMBI, S/O.THAMBI, AGED 25 YEARS, CHERUVATHOOR HOUSE, THALAPPILLY TALUK, KUNNAMKULAM VILLAGE, THRISSUR. BY ADVS. SRI.S.SAJU, SRI.P.M.SHAMEER. RESPONDENT: ---------------------- C.U.RAJAN, AGED 31 YEARS, CHEERAN HOUSE, AYYAPPANKAVU WEST ROAD, KOCHI-682 018. ADV. SRI.GIBI.C.GEORGE, SMT.LATHA SUSAN CHERIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4785/2010-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PLAINT DTD. 29/07/2005 FILED BY THE RESPONDENT. EXT.P.2: COPY OF THE WRITTEN STATEMENT DTD. 30/09/2005 IS PRODUCED BY THE PETITIONER. EXT.P.3: COPY OF THE I.A. NO. 6535/2009 DTD. 18/09/2009 FOR SETTING ASIDE THE EX- PARTY DECREE. EXT.P.4: COPY OF THE EXECUTION PETITION NO. 580/2009 DTD. 24/08/2009 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT AT CHAVAKKAD. EXT.P.5: COPY OF THE APPLICATION FOR STAY BEFORE THE HON'BLE MUNSIFF COURT AT CHAVAKKAD E.A. NO. 103/2010 DTD. 06/02/2010. EXT.P.6: COPY OF THE AUCTION NOTICE DTD. 22/01/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.4785 of 2010-O ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the following reliefs are sought for : “a) to issue a writ of mandamus or order or direction to stay all proceedings before the learned Munsiff Court at Chavakkad in EP No.580/09 in OS No.1040/05 till the final disposal of the Writ Petition. b) to declare that Ext.P6 auction proceedings in EP No.580/09 in OS No.1040/05 is not sustainable in law.” 2. The petitioner is the defendant in OS No.1040/05 pending before the Munsiff's Court, Ernakulam and the judgment debtor in EP No.580/09 in OS No.1040/05. The suit was one for money. The defendant entered appearance and filed a written statement in the suit. The case was decreed ex parte on 13.08.2008. The petitioner filed IA No.6535/09 to set aside the ex parte decree and also another IA for condonation of the delay in filing the above said IA. The Court below heard and dismissed the IAs by order dated 18.01.2010. The WPC 4785/10 2 petitioner filed a copy application on 19.01.2010. But so far, he is not furnished with the copy of the order and therefore, he could not file an appeal against the dismissal of the petitioner to set aside the ex parte decree. In the above circumstances, the petitioner approached this Court, praying for appropriate reliefs. 3. One fails to understand why the certified copy of the order passed in IA No.6535/09 in OS 1040/05 dated 18.01.2010 is not being issued to the petitioner so as to enable him to take further steps in the matter. This Writ Petition is disposed of directing the Munsiff's Court, Chavakkadu to issue a certified copy of the order in IA No.6535/09 in OS No.1040/05 to the petitioner forthwith, at any rate, before the midsummer vacation commences. The interim order granted by this Court in this Petition will continue for another two weeks from today to enable the petitioner to take further steps in the matter. P.BHAVADASAN, JUDGE sta WPC 4785/10 3 WPC 4785/10 4