IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 28759 of 2009(O) --------------------------------------- AS.305/2009 DISTRICT COURT,KOLLAM, E.P. NO. 167/2009 IN OS.369/2006 OF PRINCIPAL MUNSIFF COURT, KOLLAM. .................... PETITIONERS: --------------------- 1. CHANDRAN NAIR, VILAVOOR VEEDU, THRIKKARUVA VILLAGE, KANJAVELI P.O., PRAKULAM, KOLLAM. 2. PANKAJAKSHI AMMA, VILAVOOR VEEDU, THRIKKARUVA VILLAGE, KANJAVELI P.O., PRAKULAM, KOLLAM. BY ADV. MR.DILEEP P.PILLAI. RESPONDENTS: ------------------------ 1. N.MADHU MOHAN, DEEPAM, THRIKKARUVA VILLAGE, KANJAVELI P.O., PRAKULAM, KOLLAM. 2. GEETHA KUMARI, DEEPAM, THRIKKARUVA VILLAGE, KANJAVELI P.O., PRAKULAM, KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.28759 OF 2009 -------------------------- Dated this the 12th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of mandamus or any other writ, order or direction directing the District Court, Kollam to issue certified copy of the decree and judgment in A.S No.305/2009 as expeditiously as possible. ii) To issue a direction to the Munsiff Court, Kollam, not to proceed with E.P No.167/2009 in O.S No.369/2006 till issuance of the certified copy of the judgment and decree in A.S No.305/2009 by the District Court, Kollam and till the filing of the statutory appeal by the petitioners. iii) To grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and to allow the Writ Petition with costs. W.P.(C).No.28759 OF 2009 Page numbers 2. Petitioners are the defendants in O.S No.369 of 2006 on the file of the Munsiff Court, Kollam. In the above suit, a decree of mandatory injunction was passed against the petitioners/defendants directing them to cut and remove the branches of some mango trees situate in their property which were alleged of protruding into and over the property and building of the respondents/plaintiffs. Petitioners challenged the decree preferring an appeal with a petition to condone delay, but, that application was dismissed by the learned District Judge, Kollam. Meanwhile the decree holders/plaintiffs have taken steps for execution of the decree. Petitioners have therefore approached this court and filed this writ petition seeking issue of directions/orders to keep in abeyance the execution of the decree till a certified copy of the order dismissing the delay petition in appeal is supplied by the lower appellate court and also for a further direction/order to the District Court, Kollam to supply the copy of the order expeditiously. W.P.(C).No.28759 OF 2009 Page numbers 3. Having heard the counsel for the petitioners and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. Considering the submissions made, I direct the execution curt to keep in abeyance the execution of decree for a period of one month from the date of this judgment. The District Judge, Kollam is directed to furnish copy of the decree and judgment and also the order dismissing the appeal, if applied for, within three weeks from the date of production/receipt of a copy of this judgment. Hand over a copy of the judgment to the counsel for the petitioners and send a copy to the Munsiff Court and District Court, Kollam forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv