IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 11680 of 2010(O) --------------------------------------- (OS.NO.299/2009 OF MUNSIFF'S COURT, VAIKOM) .................... PETITIONER: ------------------- BENNY,AGED 35 YEARS,S/O.OUSEPH, VETTUVAZHI HOUSE,VELLASSERI,KADUTHURUTHY, VAIKOM TALUK,KOTTAYAM DISTRICT. BY ADVS. MR.K.SHRIHARI RAO, MR.K.S.BALAKRISHNAN. RESPONDENTS: ------------------------ 1. SREEKUTTY G.RAGHAVAN,D/O.RAGHAVAN, PUSHPA NIVAS,PATTIMATTOM VILLAGE, KAITHAKDUKARA, KUNATHUNADU TALUK,RESIDING AT SAROVARM HOUSE, K.S.PURAM KARA, KADUTHURUTHY VILLAGE. 2. REJI.K.MOHAN,S/O.MOHANDAS, KONAKUPPAKATTIL HOUSE,VELLASSERIKARA, KADUTHURUTHY VILLAGE, VAIKOM TALUK. 3. PRAVEEN.K.MOHAN, BAINU BHAVAN, VELLASSERIKARA, KADUTHURUTHY VILLAGE, VAIKOM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.11680 of 2010-O ------------------------------------- Dated 5th April 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the limited prayer of the petitioner is to direct the Munsiff's Court, Vaikom to serve a carbon copy of the order passed on Ext.P1 application filed by him and till then, not to proceed with the trial of the suit. 2. The petitioner is the plaintiff in OS No.299/09 before the Munsiff's Court, Vaikom. The suit is one for declaration of easement right and for mandatory injunction. The petitioner filed an application as IA No.570/10 for issuance of a commission for measuring the plaint schedule properties, especially, plaint Item No.4 pathway, with the aid of a Taluk Surveyor. No objection was filed by the respondents to the commission application. On 27.03.2010, the IA filed by the petitioner was dismissed by the Munsiff's Court, Vaikom and immediately, the petitioner filed an application for copy of the order so passed. But, WPC 11680/10 2 he has not yet received the copy of the order. The petitioner submits that a copy of the order is absolutely necessary to assail the order and to take further steps in the matter. Therefore, he prays for issuance of a carbon copy of the order passed on his application for commission. He also prays for keeping in abeyance, the trial of the suit till a carbon copy of the order is issued to him. 3. In the nature of the order that is proposed to be passed in this Petition, it is felt that notice to the respondents is unnecessary. Whatever be the fate of the application filed by the petitioner, he is certainly entitled to a copy of the order. Accordingly, there will be a direction to the Munsiff's Court, Vaikom to issue carbon copy of the order passed on IA No..570/10 to the petitioner within two weeks from the date of receipt of a copy of this Judgment. Till such time, the trial of the suit shall be kept in abeyance so as to enable the petitioner to take further steps in the matter. P.BHAVADASAN, JUDGE WPC 11680/10 3 sta WPC 11680/10 4