IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32498 of 2008(R) -------------------------- OS.105/1984 of MUNSIFF COURT, CHITTUR .................... PETITIONER(S): --------------- T. KRISHNANUNNI, S/O. PARVATHI KAVU VARASIAR, MANAGING TRUSTEE, THARAKKAL TEMPLE TRUST, THARAKKAL RAMAPURAM DEVASWOM, “SREE SAILAM” DR. GEORGE ROAD, KALOOR ERNAKULAM BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. T.S. BALASUBRAMANIAN, S/O. SANKUNNI MANNADIYAR, VAZHAKKOTTIL, PERUVEMBRA, PALAKKAD 2. BHAGYAM, W/O. SANKARAN 4/870, MAIN ROAD, KODUVAYUR PALAKKAD DISTRICT 3. AMBIKA, D/O. SANKARAN, 4/870, MAIN ROAD, KODUVAYUR, PALAKKAD DISTRICT 4. AMBILI, D/O. SANKARAN, 4/870, MAIN ROAD, KODUVAYUR, PALAKKAD DISTRICT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ...................................... W.P.C. NO. 32492 OF 2008 ........................................ Dated: 5-11-2008 JUDGMENT The petitioner who is a stranger to the decree passed in O.S. No. 105 of 1984 on the file of the Munsiff's Court, Chittur was the applicant in E.A. 261 of 2007 in E.P. 249 of 1993. The said suit was one for recovery of possession. According to the petitioner the subject matter of the suit belongs to the petitioner by virtue of the court sale conducted on 21-12-1953 in E.P. 1059 of 1953 in Small Cause Suit No. 500 of 1950 before the Sub Court Palakkad and which was confirmed on 25-1-1954. E.A. 261 of 2007 was filed by the petitioner under Order 21 Rule 97 C.P.C. by way of anticipatory obstruction of the decree in O.S. 105 of 1984. During the consideration of the said E.A. the petitioner filed Ext.P2 application as E.A. 541 of 2008 for reception of documents. To prove those documents the petitioner filed a witness list as per Ext.P3 as E.A. 540 of 2008 and Ext.P4 application as E.A. 542 for appointment of a commission to examine the witnesses. According to the W.P.C. NO. 32492 OF 2008 -:2:- petitioner due to the non-availability of the witnesses the commission appointed by the court below could not be executed resulting in the Commissioner returning the warrant. Thereafter the petitioner claims to have filed Ext.P5 application as E.A. 592 of 2008 for re-opening the evidence and Ext.P6 application as E.A. 593 of 2008 for giving the petitioner one more opportunity to examine the witnesses. The grievance of the petitioner is that on 29-10- 2008 when Exts. P5 and P6 applications came up for hearing the said applications as well as Ext.P1 application namely E.A. 261 of 20087 were dismissed by the court. Since the dismissal of E.A. 261 of 2007 amounts to a decree within the meaning of Order 21 Rule 103 C.P.C. and is appealable the petitioner is desirous of challenging the order passed in E.A. 261 of 2007 as well as the orders passed on E.A. Nos. 592 and 593 of 2008. But according to the petitioner eventhough he has filed applications for carbon copies of the said orders the same have not been issued and in the meanwhile steps are being taken to deliver the property. Hence this Writ Petition seeking a direction to the Court below to issue carbon copies of the orders. Having regard to the above narration of facts, this Writ Petition is disposed of directing the Munsiff's Court, Chittoor to issue carbon copies of the orders dated 29-10- W.P.C. NO. 32492 OF 2008 -:3:- 2008 passed in E.A. No. 261 of 2007 and E.A. No. 592 and 593 of 2008 expeditiously in case the petitioner has already applied for copies of the same. Further proceedings in E.P 249 of 1993 in O.S. 105 of 1984 shall stand stayed till the expiry of one week of issue of the certified copies of the above orders so as to facilitate the petitioner to have recourse to appropriate remedies. Dated this the 5th day of November 2008. Sd/- V. Ramkumar, Judge. ani/ /true copy/