IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 13552 of 2008(L) -------------------------- AGAINST THE ORDER DATED / / IN IA.473/2008 IN AS.43/2008 of SUB COURT, PERUMBAVOOR OS.301/2004 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER: ------------ RAJESH V.G., S/O.LATE GOVINDAN, VAZHAYIL HOUSE, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- 1. MOHAMMED RAFEEQUE ALIAS MOIDU A., S/O.MAMMOOTTY, MILL HOUSE, PERUMBAVOOR. 2. PERUMBAVOOR MUNICIPALITY, REPRESENTED BY IT SECRETARY, PERUMBAVOOR. 3. AISHA, W/O.LATE B.M.MAMMOOTTY, MILL HOUSE, PERUMBAVOOR. 4. SHAHEED, S/O.B.M.MAMMOOTTY, DO.DO. BY ADV. SRI.V.M.KURIAN, SC FOR PERUMBAVOOR MUNICIPALITY (R2) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.13552/2008 APPENDIX EXT.P1 TRUE COPY OF ORDER DATED 9.8.2005 IN CMA.NO.63/2004 PASSED BY THE ADDL. DISTRICT JUDGE, N.PARAVUR. EXT.P2 TRUE COPY OF JUDGMENT DATED 3.7.2006 IN WP(C) No.27316/2005 PASSED BY THIS HON'BLE COURT. EXT.P3 TRUE COPY OF JUDGMENT DATED 13.3.2008 IN O.S.NO.301/2004 PASSED BY MUNSIFF'S COURT, PERUMBAVOOR. EXT.P4 TRUE COPY OF APPEAL MEMORANDUM (AS NO.43/2008) FILED BY THE PETITIONER HEREIN AND ANOTHER BEFORE THE SUB COURT, PERUMBAVOOR. EXT.P5 TRUE COPY OF I.A.NO.473/2008 IN A.S.NO.43/2008 FILED BY THE PETITIONER AND ANOTHER BEFORE THE SUB COURT, PERUMBAVOOR. EXT.P6 TRUE COPY OF IA. NO.593/2008 IN A.S.NO.43/2008 FILED BY THE PETITIONER AND ANOTHER BEFORE THE SUB COURT, PERUMBAVOOR. //TRUE COPY// P.A. TO JUDGE. M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.13552 of 2008 ------------------------------- Dated this the 4th 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 Sub Court, Perumbavoor, to issue carbon copy of the order in I.A.No.473/2008 in A.S.No.43/2008, and also for an order of stay of operation of the judgment challenged in the appeal, till the disposal of A.S.No.43/2008. An interim order in I.A.No.593/2008 was granted while the writ petition was admitted. It is submitted by the learned counsel appearing for the petitioner that carbon copy of the order in I.A.No.473/2008 was subsequently received by the petitioner. He further submitted that petitioner has filed a petition to receive the same as additional document, and also sought consequential amendment. I do not find that, in this writ petition, petitioner is to be permitted to challenge the order in I.A.No.473/2008. Petitioner is at liberty to challenge that order separately. Writ petition is disposed of accordingly. Registry is directed to return the carbon copy of the order passed in I.A.No.473/2008, if produced in this petition, as submitted. M.SASIDHARAN NAMBIAR, JUDGE nj.