IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36776 of 2009(O) --------------------------------------- OS.357/1997 of MUNSIFF COURT, TIRUR .................... PETITIONER(S): ---------------------- KARANTHUR MARKKAZ SAKHAFATH SUNNIYYA BY ITS SECRETARY, A.P. ABOOBACKER MUSALIYAR, S/O.AHAMMED HAJI, KOZHIKODE TALUK, KUNNAMANGALAM AMSOM, KARANTHUR DESOM. BY ADV. MR.K.RAMACHANDRAN MR.S.SREEDEV RESPONDENT(S): ------------------------- 1. THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION MADRAS (CHENNAI), REGISTERED OFFICE, BY ATTORNEYS RT. REV.DR.P.G. KURUVILLA, CSI NORTH KERALA DIOUSE BISHOP, SHORNUR P.O., SUBSTITUTED BY RT.REV. DR.GEORGE ISSAC, S/O.P.K. ISSAC BISHOP, CSI NORTH KERALA DIOUESE. 2. EDWIN SADANANDAN, S/O.JOSEPH SADANANDAN, KALATHUMKUNNU AMSOM DESOM, KOZHIKODE TALUK, SUBSTITUTED BY REV. GEORGEL NINAN, S/O.LATE P.N. GEORGE, DIOUSIAN TREASURER, NORTH KERALA DIOUESES, CSI DIOUSEAN OFFICE, SHORNUR. 3. V. HARIDAS, S/O.HARIDAS MENON, PONNANI TALUK, EZHUVATHIRUTHI AMSOM DESOM. 4. U.V. CHANDRASEKHARA MENON, S/O.RAGHAVA MENON, THALAKKAD AMSOM, MANGATTIRI DESOM. 5. PUPARAMBIL KUNHU MUHAMMED, S/O.MOIDEENKUTTY @ BAPPU, THIRUNAVAYA AMSOM DESOM. 6. UNNIYALUKKAL ABOOBACKER, S/O.KUNHALANKUTTY HAJI, THIRUNAVAYA AMSOM, EDAKULAM DESOM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.36776 of 2009 - O --------------------------------- Dated this the 18th day of December, 2009 J U D G M E N T Petitioner is the plaintiff in O.S.No.357 of 1997 on the file of the Munsiff Court, Tirur. Suit is one for recovery of possession. Valuation of the suit being disputed by the defendants an advocate commissioner was deputed and pursuant to the report filed by the commissioner the court below directed the plaintiff to amend the valuation and pay the deficit court fee. That order was passed on 12.11.2009. Plaintiff had applied for getting a copy of that order on 16.11.2009. Till date the copy has not been served. A time limit has been passed by the court to carry out the amendment in the valuation and payment of the deficit court fee with a rider, which, if not complied with, plaint will be rejected. In the above circumstance, petitioner has filed this writ petition seeking issue of a writ/direction/order to the court below for issuing a certified copy of the order on his copy application, C.A.No.1244 of 2009, within the time fixed by this Court and till then to keep in abeyance the order of the court below. W.P.(C).No.36776 of 2009 - O 2 2. Having regard to the submissions made by the counsel and the facts and circumstances presented, I direct the learned Munsiff to comply with the copy application, C.A.No.24 of 2009, issuing a copy of the order, within a period of three weeks from the date of receipt/production of a copy of this judgment and to keep in abeyance the order directing amendment of the valuation and payment of deficit court fee for a period of four weeks from today. Writ petition is disposed of as above. Hand over a copy of the judgment to the counsel for the petitioner and send a copy to the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-