IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21382 of 2008(U) -------------------------- OS.53/2008 of SUB COURT, OTTAPPALAM .................... PETITIONER: ------------ SABIRA, S/O.ABDUL RASHEED, AGED 34 YEARS, KOTTAPPURATH HOUSE, NETHIRIMANGALAM AMSOM DESOM, OTTAPPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH SMT.P.S.SHEEJA RESPONDENTS: ------------- 1. ALINKEEZHIL DEVAKI, W/O. LATE K.N.KUNHAMBU, AGED 88 YEARS, 'SREEJA QUARTERS', PAYYAMBALAM WARD KANNUR I AMSOM, KANNUR TALUK. 2. ALINKEEZHIL NEYYAN GOPINATHAN, S/O.DEVAKI, AGED 68 YEARS, - DO- -DO- 3. THANKAMONI, D/O.DEVAKI, AGED 66 YEARS, -DO- -DO- 4. JAYARAJAN, S/O.DEVAKI, AGED 64 YEARS, -DO- -DO- 5. GOPALAKRISHNAN, S/O.DEVAKI, AGED 60 YEARS, -DO- -DO- 6. HAREENDRANATHAN, S/O.DEVAKI, AGED 57 YEARS, -DO- -DO- 7. VIPIN CHANDRAN, S/O.DEVAKI, AGED 56 YEARS, -DO- -DO- 8. REMADEVI, D/O.DEVAKI, AGED 55 YEARS, -DO- -DO- BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21382 of 2008 ------------------------------- Dated this the 16th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to Sub Judge, Ottappalam, to issue the order dated, 8.7.2008, passed in O.S.No.53 of 2008, a suit instituted by petitioner for specific performance of an agreement for sale executed by the respondents. 2. The learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that learned Sub Judge was not justified in directing execution of sale and payment of balance consideration before a final judgment is passed and even steps are not completed in the suit. and, therefore, the order dated 8.7.2008 is to be stayed till he gets copy of the order. Without producing the order, petitioner is not entitled to get an order of stay. Writ petition also does not show when the copy application was filed and whether he had filed an urgent application for certified copy of the W.P.(C) No.21382 of 2008 2 order. Without an urgent application, court cannot issue certified copy of the order, if earlier copy applications are pending. In such circumstances, writ petition is disposed directing Sub Judge, Ottappalam, to issue certified copy of the order dated 8.7.2008 in O.S.No.53 of 2008, if petitioner has filed an urgent application as well as the copy application. M.SASIDHARAN NAMBIAR, JUDGE nj.