IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 16396 of 2010(O) -------------------------- EP NO.46/2008 IN OS.705/2006 of II ADDL.MUNSIFF COURT,NEYYATTINKARA .................... PETITIONER(S): --------------- SASIKALA, W/O. LATE THANKAMANI, HARDA NIVAS, MOOLAKKONAM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.V.ANIRUDHAN NAIR RESPONDENT(S): --------------- 1. SUNDAR RAJ, S/O. CHRISTUDAS, ELAMPLAVILA HARDA BHAVAN, MOOLAKKONAM, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. RETNA RAJ, S/O. CHRISTUDAS, ELAMPLVILA HARDA BHAVAN, MOOLAKKONAM, MARANALLOOR DESOM, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. SUDHAKARAN, S/O. SUBBAYYAN, KAVITHA NILAYAM, VENGANNOOR DESOM, VIZHINJAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 4. CHRISPIN, S/O. GAMALIEL, ELAMPLAVILA KIZHAKKARIKATHU VEEDU, MOOLAMKONAM, MARANELLOR DESOM, MARANELLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 5. MANOHARAN, S/O. MANIYAN, ELAMPLAVILA CHEKKITAVILA VEEDU, MOOLAMKONAM, MARANELLOOR DESOM, MARANELLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. WP(C) NO.16396/2010 2 6. D.SOBHANAM, JOS NIVAS, KANNAMPURATHALA, MARANELLOOR DESOM, MARANELLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 7. RAGHAVAN MANIYAN, THOTTARIKATHU VEEDU, VANIYAMKODE, MOOLAMKONAM, MARANELLOOR DESOM, MARANELLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.16396 of 2010 -------------------------------------- Dated this the 28th day of May, 2010. JUDGMENT Petitioner is a non-party to the suit - O.S.No.705 of 2006 and E.P.No.46 of 2008 filed by respondent Nos.1 and 2. That suit was for decree for prohibitory injunction to restrain respondent Nos.3 to 7 from trespassing into the suit property allegedly belonging to respondent Nos.1 and 2 and committing waste therein. Suit was decreed in favour of respondent Nos.1 and 2. Alleging that respondent Nos.3 to 7/judgment debtors interfered with the property, respondent Nos.1 and 2 filed E.P.No.46 of 2008 and the executing court passed an order on 18.02.2010 directing respondent Nos.3 to 7 to retain the position of the property as per plan (obtained on the trial stage) failing with respondent Nos.1 and 2 were permitted to take necessary action to retain the original position of the property. Petitioner who claimed to be a beneficiary of the road referred to in the plaint filed Ext.P3, application under Order 21 Rule 99 of the Code of Civil Procedure. That application was dismissed by the executing court on 21.05.2010. For getting a carbon copy of that order petitioner preferred Ext.P4, application on 21.05.2010. Carbon copy of the order dated 21.05.2010 has not so far been issued and hence, this Writ Petition seeking direction to that effect. Learned counsel for petitioner submits that execution petition is posted on 10.06.2010 for compliance. WP(C) No.16396/2010 2 2. Having regard to the facts and circumstances, I direct learned Additional Munsiff-II. Neyyattinkara to issue carbon copy of the order dated 21.05.2010 if petitioner has made an application for carbon copy, as provided under Rule 239 of the Civil Rules of Practice, immediately and at any rate, before 07.06.2010. Writ Petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks