IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1384 of 2008(M) ------------------------------------- PETITIONER: ------------------ KUNCHANDY KOSHY, RESIDING AT POONTHOTTATHU VEEDU, AIPPALLOOR MURI, MELILA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR SRI.GEORGE BRISTON RESPONDENTS: ----------------------- K.G.MATHAI, RESIDING AT CHARUVILA PUTHEN VEEDU, AIPPALLOOR MURI, MELILA VILLAGE, KOTTARAKKARA TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 1384 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of January, 2008. J U D G M E N T This writ petition is filed seeking for a direction to dispose of Ext.P6 application which is a petition to correct the decree in A.S.76/01. The suit O.S.150/96 was dismissed by the Munsiff, Kottarakkara and by an appellate judgment it was reversed and the suit was decreed and the judgment of the Court would show that the defendant is restrained by a permanent prohibitory injunction not to encroach upon the plaint schedule pathway or doing any act of wastes or from obstructing the existing plaint schedule pathway. But when the decree is drafted it is just written as “..................................................................................” 2. When a decree is passed in reversal of the judgment of the Court below the decree of the appellate court is expected to contain the details or the reliefs granted and therefore it has to be specifically stated in the decree. W.P.C 1384 OF 2008 -:2:- Therefore I direct the Court below to consider and dispose of Ext.P6 application bearing in mind the principle that the decree is to be drafted in terms of the judgment. The said Ext.P6 application be disposed of within a time frame of three weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-