IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3820 of 2009(D) AS.59/2007 of ADDL.SUB COURT, THALASSERY PETITIONER: MATHAN PAYYANATAN MOHANAN, S/O. MADHAVAN, MATHAN HOUSE, THAYAMBALLI ROAD, ELAYAVOOR AMSOM, CHOVVA DESOM, KANNUR TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENTS: 1. MOONNAMBETH PAYYANATAN MEENAKSHI, D/O. BAPU, AGED 60, UNNUKKATTIL HOUSE, PUZHTHI AMSOM, THULUCHARI AMSOM, P.O. PALLIKUNNU, KANNUR DISTRICT. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LAW DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3820 OF 2009 D ------------------------------------------------------ Dated this the 9th February, 2009 JUDGMENT The grievance of the petitioner is that though he applied for certified copy of the judgment and decree in A.S.No.59 of 2007, on the file of the Court of the Additional Subordinate Judge, Thalassery, he has not received the certified copy of the judgment and decree. It is stated that the petitioner is one of the defendants in O.S.No.310 of 2006, on the file of the Additional Munsiff's Court, Kannur. The suit was filed for partition. A preliminary decree was passed. Challenging the preliminary decree, A.S.No.59 of 2007 was filed. Petitioner is one of the appellants in the Appeal. The Appeal was dismissed by the judgment and decree dated 31.1.2009. The petitioner applied for certified copy of the judgment and decree on the date of pronouncement of the judgment itself. It is stated in paragraph 9 of the Writ Petition that the plaintiffs in the suit are taking urgent steps to execute the decree. 2. An additional affidavit is filed along with I.A.No.1988 of 2009, stating that during the pendency of the Appeal before the lower appellate court, a stay of passing of the final decree alone was granted and that the final decree proceedings were going on. The final decree application is W.P.(C) NO.3820 OF 2009 D :: 2 :: now posted to 4.3.2009. Learned counsel for the petitioner submits that the Commissioner's report has not been filed so far. 3. The Registry was directed to ascertain from the Sub Court, Thalassery as to the expected time within which the copy of the judgment and decree could be supplied to the petitioner. It was informed by the Sub Court that copy applications are being complied with according to priority and it will take 45 days to issue certified copy. 4. Taking into account the facts and circumstances of the case, there will be a direction to the Additional Subordinate Judge's Court, Thalassery to issue certified copy of the judgment and decree in A.S.No.59 of 2007 on or before 15.3.2009. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/