IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 OP(C).No. 450 of 2011(O) ------------------------------------ OS.451/1999 AND 154/2000 of MUNSIFF COURT, THALASSERY .................... PETITIONER: -------------------- K.K. VIJAYAN, S/O.NARAYANAN, AGED 57 YEARS, DGM, BSNL, RESIDING AT PANDITS COLONY, DEVASWOM BOARD JUNCTION, THIRUVANANTHAPURAM. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------------------- O. BHASKARAN NAMBIAR, DEVI VILASAM, THIRUVANGAD AMSOM DESOM, P.O. CHIRAKKARA, THALASSERY, KANNUR DISTRICT, PIN-670 101. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.T.SANKARAN, J. ------------------------------ O.P(C).No.450 OF 2011 ------------------------------ Dated this the 1 st day of February, 2011 JUDGMENT The predecessor in interest of the petitioner filed O.S.No.154 of 2000 on the file of the Court of the Munsiff of Thalassery. That suit was tried along with O.S.No.451 of 1999. The trial court, as per the judgment and decree dated 23 rd March, 2004 decreed the suit. A declaration was granted in respect of the easement right of the plaintiff over the plaint B schedule property. A permanent injunction was also granted restraining the defendants from demolishing and altering the passage into the plaint schedule property which leads to the main road. 2. The defendants filed A.S.No.52 of 2004 challenging the judgment and decree of the trial court in O.S.No.154 of 2000. It is stated that the appellate court reversed the judgment and decree of O.P(C).No.450 OF 2011 2 the trial court and dismissed the suit. The petitioner filed I.A.No.3335 of 2010 for stay of operation and implementation of the Appellate Court judgment. It is stated that an order of status quo was passed by the Lower Appellate Court till 31.1.2011. 3. The grievance of the petitioner is that certified copy of the judgment and decree in A.S.No.52 of 2004 on the file of the Sub Court, Thalassery was not issued. It is stated that application was filed by the petitioner for getting certified copy. At the same time, the interim order of suspension granted by the Lower Appellate Court expired. Therefore, the petitioner has approached this court with the following reliefs: “i) direct the learned Principal Sub Court, Thalassery to issue certified copy of Judgment and Decree in A.S.52 of 2004 applied as per C.A.No.3327 of 2010 to the petitioner within a time frame fixed by this Hon'ble Court, after protecting the status-quo of B Schedule pathway. O.P(C).No.450 OF 2011 3 ii) issue such other order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of this case and in the interest of justice.” 4. If the status quo order has expired and the certified copy is not issued, nothing prevents the petitioner from approaching the Lower Appellate Court to extend the order of status quo or for other interim reliefs. An order of status quo cannot be granted in this Original Petition. However, the prayer for issue a certified copy of the judgment and decree in A.S.No.52 of 2004 requires to be granted. 5. Accordingly, there will be a direction to the Principal Sub Court, Thalassery to issue certified copy of the judgment and decree in A.S.No.52 of 2004, applied for by the petitioner, expeditiously. K.T.SANKARAN, JUDGE. cms