IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 21036 of 2009(O) -------------------------- OS.260/2004 of ADDL.MUNSIFF COURT, ALAPPUZHA .................... PETITIONER(S): --------------- PURUSHAN, S/O. MAKARAN, AGED 58 YEARS, THUMPOTHARA HOUSE, PUNNAPRA MURI, PARAVOOR VILLAGE. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): --------------- T. PUSHKARAN, S/O. THEVAN, LATHA NIVAS, GURUPURAM, AVALOOKKUNNU P.O., ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.21036 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 27th July, 2009 JUDGMENT The Writ Petition is filed seeking the following reliefs: 1. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the learned Additional Munsiff, Alappuzha to issue carbon copies of orders in Exts.P4 and P5 applications within a time frame. 2. To issue an order staying the delivery proceedings in Ext.P3 execution petition, till the petitioner is issued with carbon copies of the orders in Exts.P4 and P5 and files appeal against the said orders. 3. To issue such other orders as this Hon'ble Court deems fit and proper to grant. 2. Petitioner is the defendant in O.S.No.260/04 on the file of the Munsiff Court, Alappuzha. Sut was one for recovery of possession and the respondent was the plaintiff. Suit was decreed ex parte since after filing of the written statement, there was nonappearance of the defendant when the case was taken up for trial. Petitioner moved an application for setting aside the ex parte decree with a petition to condone the delay. That application was dismissed. Meanwhile, on the steps taken by the respondent/decree holder, it is submitted, the W.P.C.No.21036/09 - 2 - delivery of the property is ordered to be effected on 28.7.2009. Petitioner has applied for copy of the order dismissing his application for setting aside the ex parte decree. Petitioner seeks a breathing time to prefer an appeal after getting copy of the order dismissing his application for setting aside the ex parte decree, with the submission that in the property ordered to be delivered he is residing with his family and he has no other place to shift his residence. 3. Having regard to the submissions made and the facts and circumstances presented, I direct the learned Munsiff, Alappuzha to issue a copy of the order passed on Exts.P4 and P5 applications moved by the petitioner to set aside the ex parte decree, if applied for, within a period of ten days from the date of production of a copy of this judgment before that court. The court executing the ex parte decree is directed to keep in abeyance the delivery of the property for a period of three weeks from the date of this judgment. The Writ Petition is disposed as above. Handover a copy of this judgment to the counsel for the petitioner on usual terms. Transmit a copy of the judgment to the concerned court. srd S.S. SATHEESACHANDRAN, JUDGE W.P.C.No.21036/09 - 3 -