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. 20099 of 2010(O) -------------------------- OS.187/2010 of MUNSIFF COURT, VAIKOM .................... PETITIONER: --------------- SHANAVASKHAN SIDDIQUE S/o. SIDDIQUE, AGED 39 YEARS, RESIDING AT CHIRAYIL HOUSE THALAYOLA PARAMBU KARA, VADAYAR VILLAGE VAIKKOM TALUK, NOW WORKING AT SAUDI ARABIA KENT CO. LTD P.O. BOX No. 60752, RIYADH 11555, KINGDOM OF SAUDI ARABIA REPRESENTED BY his POWER OF ATTORNEY HOLDER SIDDIQUE S/o. KAYEE AGED 65 YEARS CHIRAYIL HOUSE THALAYOLA PARAMBU KARA, VADAYAR VILLAGE VAIKKOM TALUK BY ADV. SRI.A.A.ZIYAD RAHMAN SRI.P.A.ABISH RESPONDENTS: --------------- 1. ABDUL SALIM, S/o. ABDUL KAREEM AGED 47 YEARS NOORMAHAL, THALAYOLA PARAMBU KARA THALAYOLA PARAMBU P O VADAYAR VILLAGE, VAIKKOM TALUK KOTTAYAM – 681 825 2. SULAIMAN, S/o. KAYEE AGED 68 YEARS, NISHA MANZIL CHIRAYIL HOUSE THALAYOLA PARAMBU KARA VADAYAR VILLAGE VAIKKOM TALUK, KOTTAYAM-681 825 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.20099 of 2010 -------------------------------------- Dated this the 28th day of June, 2010. JUDGMENT Petitioner is the plaintiff in O.S.No.187 of 2010 of the court of learned Munsiff, Vaikom. Petitioner filed a suit for prohibitory injunction against respondents trespassing into the suit property and putting up structures. Respondents entered appearance in court on the date of institution of the suit itself and resisted the application for temporary injunction. Learned Munsiff did not pass any order on that application but directed the Advocate Commissioner to inspect the property and submit report on 23-06-2010. Advocate Commissioner inspected the property on 21-06-2010 but as the learned counsel puts it, he could not submit report on 23-06-2010 since preparation of the report was not complete. On 23-06-2010 learned Munsiff appointed another Commissioner to inspect the property with the assistance of a Surveyor and permitted respondents to proceed with construction on filing an affidavit that if there is any encroachment into the property of petitioner, respondents would demolish that portion of the structure. Petitioner immediately applied for carbon copy of the order dated 23-06-2010 but so far copy has not been issued and hence the writ petition. WP(C) No.20099/2010 2 Having regard to the facts and circumstances, I direct learned Munsiff, Vaikom to issue carbon copy of order dated 23-06-2010 if it has already been applied for in accordance with rules at the earliest, at any rate within four (4) days from the receipt of a copy of this judgment. Writ petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks