IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19215 of 2008(K) -------------------------- AGAINST THE ORDER IN IA 985/08 & IA 986/08 IN AS.47/2007 of SUB COURT, TIRUR .................... PETITIONER: ------------ PACHATTIRI AVENTE KOTTA BHAGAVATHY KSHETHRA SAMITHI, REPRESENTED BY ITS PRESIDENT PAYANATTU DAMODARAN,S/O. CHAKKAPPAN SANTHI NAGAR, NIRAMARUTHUR P.O., TIRUR TALUK MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNANUNNI (SR.) SRI.SAJU.S.A RESPONDENTS: ------------- 1. SREEMATHI,D/O. VAKKAYIL PARAVANNUR THAMA @ APPUTTY, P.O. PONMUNDAM, TIRUR TALUK, MALAPPURAM DISTRICT 2. LAKSHMIKUTTY,D/O. VAKKAYIL PARAVANNUR THAMA @ APPUTTY, P.O. PONMUNDAM, TIRUR TALUK, MALAPPURAM DISTRICT 3. SUKUMARI,D/O. VAKKAYIL PARAVANNUR THAMA @ APPUTTY, P.O. PONMUNDAM, TIRUR TALUK, MALAPPURAM DISTRICT 4. SAVITHRI, D/O. VAKKAYIL PARAVANNUR THAMA @ APPUTTY, P.O. PONMUNDAM, TIRUR TALUK, MALAPPURAM DISTRICT BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.19215 of 2008 ------------------------------- Dated this the 26th June, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to the Sub Court, Tirur, to issue carbon copies of the orders passed in I.A.Nos.985 & 986 of 2008, in A.S.No.47 of 2007, and also for staying the enforcement of the said orders, to enable petitioner to challenge that order before this Court. 2. The learned senior counsel appearing for the petitioner was heard. 3. A.S.No.47 of 2007 was filed by the respondents herein challenging dismissal of O.S.No.128/1995, which was a suit for fixation of boundary and also for injunction. In the appeal, defendants-respondents remained ex-parte. Subsequently new office bearers of the defendant Samithy got impleaded and the appeal is pending. In the appeal, respondents filed I.A.Nos.985 and 986 of 2008, for an order of temporary injunction restraining the respondents in the appeal from causing obstruction to the construction of the W.P.(C) No.19215 of 2008 2 compound wall, which was allegedly destroyed by the respondents in the appeal, and also for police aid. I.A. No.986/2008 was filed for an intimation to the police to give assistance. These applications were allowed by the learned Sub Judge. According to the petitioner, immediately thereafter, an application was filed for carbon copy of the orders which is yet to be given, and mean while, if the orders are implemented, the very purpose of challenging the order in an appeal will be defeated. In such circumstances, Sub Judge is directed to issue carbon copies of the orders in I.A.Nos.985 & 986 of 2008 in A.S.No.47 of 2007, if petitioner has applied for the same, as expeditiously as possible, at any rate, within seven days from the date of receipt of a copy of this judgment. The operation of the order in I.A.Nos.985 & 986 of 2008 is suspended for 10 days from today. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.