IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29318 of 2009(O) ----------------------------------- EP 5/2007 IN OS.319/2005 of MUNSIFF COURT,VARKALA .................... PETITIONER(S): ----------------------- NASEEMA, D/O.MUHAMMED ABDUL KHADER, KULAPPURATHU VEEDU, KAYYALAKKALCHERI, ERAVIPURAM VILLAGE, KOLLAM DISTRICT. BY ADVS.MR.M.R.RAJESH SMT.A.K.PREETHA RESPONDENT(S): ------------------------ 1. ANITHA, D/O.ASEESA, ANITHA MANZIL, ALAYAMON P.O., KOLLAM DISTRICT. 2. K.M.NAZER,KOCHARA KIZHAKKATHIL VEEDU, EDAVA DESOM,EDAVA VILLAGE. (2ND RES. IS REP. BY HIS WIFE & P/A.HOLDER,THE IST RES. THE P/A.HOLDER IS ALREADY PRODUCED BEFORE THE COURT BELOW AND THE PETITIONER IS NOT HAVING THE COPY OF THE SAME). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.29318 OF 2009 -------------------------- Dated this the 16th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a direction or order directing the Munsiff Court, Varkala to issue, a certified copy of the order, dismissing the application in Order IX Rule 13 (I.A. No.1265/2009 in O.S No.319/2005), applied for vide Copy Application C.A No.787/2009 dated 08/10/2009 and a certified copy of the order, dismissing Exts.P2, P3 and P4 petitions(E.A No.96/2009, E.A No.95/2009 and E.A No.114/2009 in E.P No.5/2007 in O.S No. 319/2005), applied for vide Copy Application C.A No.786/2009 dated 08/10/2009, as expeditiously as possible within a time frame to be fixed by this Hon'ble Court, and until the issuance of the orders, stay W.P.(C).No.29318 OF 2009 Page numbers all further execution proceedings in E.P No.5/2007 in O.S No.319/2005 on the file of the Munsiff Court, Varkala for a reasonable period so that the petitioner can work out her remedies against the dismissal of the above mentioned petitions. ii) Issue such other appropriate writ, direction or order as the case may be in the facts and circumstances. 2. Petitioner is one among the judgment debtors in O.S No. 319 of 2005 on the file of the Munsiff Court, Varkala. In the above suit, an exparte decree for recovery of possession was granted in favour of the respondents. Petitioner has applied for setting aside the exparte decree with a petition to condone delay, and also resisted the execution of the decree filing some petitions. The grievance canvassed is, all those petitions were dismissed without any enquiry and the delivery of the property has been ordered to be given effect to on 19/10/2009. Petitioner has applied for W.P.(C).No.29318 OF 2009 Page numbers getting copies of the orders passed by the court, and in case, delivery is effected without providing her an opportunity to challenge the orders, it will cause her severe hardship and irreparable injury is the submission of the counsel. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the court below to issue copies of the orders applied for under C.A No.787/2009 and C.A No.786/2009 within two weeks from the date of this judgment. The execution court is directed to keep in abeyance the delivery for a period of three weeks from today. Writ petition is disposed subject to the above directions. Hand over a copy of the judgment to the learned counsel for the petitioner and send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY/ P.A TO JUDGE vdv