IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 19967 of 2010(O) -------------------------- AGAINST THE ORDER DATED 10/06/2010 IN IA 4162/2009 IN AS.117/2009 of ADDL.SUB COURT, THALASSERY OS.208/2005 of ADDL.MUNSIFF COURT, KANNUR .................... PETITIONER(S): --------------- RAJENDRAN PARAKAT, AGED 46 YEARS, S/O. NARAYANAN NAMBIAR, 'SUPRIYA', NEAR NITHYANANDA NAGAR HOUSING COLONY, P.O.PALLIKUNNU, KANNUR. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENT(S): --------------- P.RUPENDRAN, AGED 49 YEARS, S/O. NARAYANAN NAMBIAR, EMPLOYED AT MERCHANT NAVY, 'SUPRIYA', P.O.PALLIKUNNU, THROUGH P/A HOLDER SANILA K.P., D/O. LAKSHMANAN KOTTAI, AGED 42 YRS, 'SUPRIYA', P.O.PALLIKUNNU - 670004. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.19967 of 2010 -------------------------------------- Dated this the 28th day of June, 2010. JUDGMENT Petitioner, challenging final decree for partition in O.S.No.208 of 2005 of the court of learned Munsiff, Kannur preferred A.S.No.117 of 2009 accompanied by I.A.No.4162 of 2009 to condone the delay in filing that appeal. Application to condone the delay was dismissed and consequently the appeal as well. Petitioner applied for certified copy of the order on I.A.No.4162 of 2009, judgment and decree in the appeal vide copy application No.178 of 2010 dated 10.06.2010. Learned counsel states that the copy of order on I.A.No.4162 of 2009 is issued but copy of judgment and decree in the appeal has not so far been issued to the petitioner as requested in copy application No.178 of 2010. In the circumstances stated, I direct learned Sub Judge, Thalassery to comply with copy application No.178 of 2010 at the earliest, at any rate within a week from the date of production of a copy of this judgment. I also direct that delivery of property pursuant to final decree will stand in abeyance for a period of seven (7) days from the date notified for delivery of certified copy of judgment and decree on the application referred above. Writ Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks