IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 35508 of 2009(O) -------------------------- AGAINST THE ORDER IN EP.422/2007 IN OS.345/2005 of PRL.MUNSIFF COURT,KANNUR .................... PETITIONERS: --------------- 1. PRADEEP KUMAR.K.V., S/O.NARAYANAN AGED 46 YEARS, H C 40 77 , A R CAMP RESIDING AT QUARTER NO.34/1129 NEAR POLICE STATION KANNUR, KANNUR DISTRICT 2. SHYJA.V, W/O.PRADEEP KUMAR.K.V., AGED 41 YEARS, RESIDING AT 34/1129 A.R.STAFF QUARTERS, KANNUR DIST. BY ADV. MR.C.K.SREEJITH RESPONDENTS: --------------- KELOTH USHA, W/O.SASIDHARAN AGED 50 YEARS., RESIDING AT SOUPARNIKA NEAR H.Q.HOSPITAL, THAVAKKARA, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.35508 of 2009 - O --------------------------------- Dated this the 9th day of December, 2009 J U D G M E N T Petitioners are the defendants in O.S.No.345 of 2005 on the file of the Principal Munsif Court, Kannur. Suit was one for mandatory injunction which was decreed in favour of the plaintiff/respondent. Petitioner preferred an appeal before the Principal District Court, Thalassery against the decree and judgment with a petition to condone delay. The delay petition was dismissed with the result the appeal was not admitted to file. Petitioner has applied for copy of the order passed in the delay petition, but, it has not been issued so far. Grievance espoused in the writ petition is that the decree holder/respondent is taking hasty steps to execute the decree of mandatory injunction in execution proceedings. Petitioner seeks for issue of a writ/direction/order to the Principal District Court, Thalassery to issue copy of the order passed in the delay petition, I.A.No.1036 of 2009, and also the order, if any, on the unnumbered appeal. 2. I heard the counsel for the petitioner. W.P.(C).No.35508 of 2009 - O 2 3. I direct the learned Principal District Judge, Thalassery, to issue copy of the order in I.A.No.1036 of 2009 in the unnumbered appeal filed by the petitioner, provided, application had been filed for getting such copy, within two weeks from the date of receipt/production of a copy of this judgment. Learned Munsiff, Kannur is directed to keep in abeyance execution of the decree in O.S.No.345 of 2005 for a period of three weeks from the date of this judgment. Writ petition is disposed of as above. Hand over a copy of the judgment to the learned counsel for the petitioner and send a copy to the courts concerned. S.S.SATHEESACHANDRAN, JUDGE. bkn/-