IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11112 of 2009(O) -------------------------- AGAINST THE ORDER DATED 21/07/2007 IN IA 1123/07 IN OS.47/2007 of MUNSIFF COURT,ALUVA .................... PETITIONER(S): --------------- RADHA BAI, AGED 56 YEARS, W/O LATE GOPALAKRISHNAN, THOTTATHIL PARAMBIL HOUSE, THOTTAKKATTUKARA, ALUVA-8. BY ADV. SRI.C.T.JESTIN RESPONDENT(S): --------------- RUGMANIBAI, AGED 82 YEARS, THOTTATHIL PARAMBU, TEMPLE ROAD, THOTTAKKATTUKARA, ALUVA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- W.P.(C).No.11112 of 2009 ----------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT The petitioner is the first defendant in O.S.No.47 of 2007 on the file of the Munsiff’s Court, Aluva. The suit was filed by the respondent for declaration of title and other reliefs. The suit was decreed on 27.3.2009. It is stated that during the pendency of the suit, there was an order of status quo dated 21.7.2007. The petitioner applied for carbon copy of the judgment. She states that she has not received the carbon copy and therefore, she could not file the appeal. The petitioner states that she has filed application before the trial court to stay the execution of the decree and to issue carbon copy of the order. The court below issued notice to the respondent for appearance in that application and it is posted to 8.4.2009. The reliefs prayed for in the Writ Petition are the following: “(i) to pass an order thereby extend the status quo order dated 21.7.2007 in I.A.No.1123 of 2007 in O.S.No.47 of 2007 of the Munsiff's Court, Aluva, and stay all execution proceedings; and (ii) to grant such other relief, which this Hon'ble Court deems fit and proper in the facts and WPC No.11112/2009 2 circumstances of the case.” I am of the view that the reliefs prayed are not maintainable. The remedy of the petitioner is to move the trial court to stay the operation of the decree. She has applied for the same and it is pending consideration before the court below. The Writ Petition is accordingly dismissed. K.T.SANKARAN, JUDGE csl