IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 OP(C).No. 1379 of 2011(O) ------------------------- AS.21/2011, 22/2011 and 23/2011 of THE DISTRICT COURT, ERNAKULAM OS.937/1985 of PRL.MUNSIFF'S COURT, ERNAKULAM .................... PETITIONER ----------------- K.V.KRISHNAN NAIR, AGED 74, S/O.K.KRISHNAN NAIR, KRISHNA VIHAR, MUTTATHIL LANE, KADAVANTHARA, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.HARISH R. MENON RESPONDENTS: --------------------- 1. MUKKOTTIL BHAGAVATHY DEVASWOM, REPRESENTED BY THE MANAGER, P.O.UDAYAMPEROOR, PIN-682 307. 2. NARAYANI AMMA, AGED 69, W/O.KRISHNAN NAIR, GIRISH NIVAS, TEMPLE ROAD, KADAVANTHARA P.O., ERNAKULAM DISTRICT, KOCHI-682 020. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. ------------------------------- O.P.(C). NO. 1379 OF 2011 ------------------------------- DATED THIS THE 6th DAY OF APRIL, 2011 JUDGMENT This original petition is filed seeking the following reliefs: i) Order to keep the further proceedings in E.P.No.516/1994 in O.S.No.992/1885, E.P.No.384/94 in O.S.No.925/1985 and E.P.No.517/1994 on the file of the Principal Munsiff's Court, Ernakulam in abeyance for a period of two weeks. ii) Direct the District, Ernakulam to issue carbon copies of the judgment in A.S.No.21/2011, A.S.No.22/2011 and A.S.No.23/2011 as applied as per copy applications A.995/2011, A.996/2011 and A.994/2011 on the file of the District Court, Ernakulam forthwith. 2. Petitioner is the applicant in the application filed under Order 21 Rule 97 of the C.P.C. The learned Munsiff, Ernakulam by Ext.P1 common order dated 4th February 2011 dismissed E.A.No.2707/2010 in E.P.No.516/1994, E.A.No.708/2010 in E.P.No.384/1994 and E.A.No.709/2010 in -2- OP(C).No.1379/2011 E.P.No.517/1994 in O.S.Nos.922/1985, 925/1985 and 937/1985 respectively. The petitioner preferred three appeals, namely, A.S.Nos.21/2011, 22/2011 and 23/2011 challenging the common order passed in the aforesaid petitions. The appeals were preferred immediately after disposal of the suit. The appellants also moved application for stay of operation of Ext.P1 order. The learned counsel for the petitioner submits that though the urgency of passing orders on the stay petition was brought to the notice of the learned Judge, the learned Judge failed to dispose of the stay petition. In such circumstances, he filed O.P.(C).No.911/2011 before this Court. By Ext.P2 judgment dated 14/3/2011 this Court issued directions to the District Judge, Ernakulam to hear and dispose of the applications as expeditiously as possible and further ordered that delivery posted to 19/3/2011 will be kept in abeyance for two weeks. 3. This Court directed the District Judge to dispose of the applications for stay, considering the urgency of the situation. -3- OP(C).No.1379/2011 It is seen that the learned Judge dismissed the appeals itself on 28/3/2011. The learned counsel submits that the appeals were dismissed even without calling for the records and perusing the lower court records as per judgment dated 28/3/2011. Petitioner filed applications for issuance of carbon copy of the judgment and decree and also applied for certified copy of the judgment and decree. The petitioner proposes to file second appeal against the judgment and decrees passed by the Appellate Court and proposes to file urgent applications for interim reliefs. It is submitted that the execution petitions stand posted to 7/4/2011 before the Munsiff's Court, Ernakulam and that the execution court likely to order delivery on that day. Therefore, the petitioner approached this Court seeking a direction for issuance of carbon copy/certified copy of the decree and judgment urgently and to keep the execution proceedings in abeyance for a period of two weeks for enabling the petitioner to file second appeals and interlocutory applications for urgent interim reliefs. -4- OP(C).No.1379/2011 In view of the limited prayer, this Court is of the view the the original petition can be disposed of without issuing notice to the respondents. In the circumstances, the original petition is disposed of with a direction to the District Court, Ernakulam to issue carbon copy/certified copy of the judgment and decree, as the case may be, to the petitioner within a period of two weeks from today. Since the execution court posted the case for delivery on 7/4/2011, it is appropriate that delivery be kept in abeyance for a period of three weeks. HARUN-UL-RASHID, Judge. kcv.