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. 1782 of 2008(K) ------------------------- OS.344/1947 of MUNSIFF COURT, QUILANDY .................... PETITIONER: ------------- BALAKRISHNAN NAIR, S/O. RARUKUTTY KURUP, AGED 71 YEARS, AISHWARYA HOUSE, KUNNATH AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT: --------------- KELAPPAN NAIR, NADUVILAKANDY, KUNNATH AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE. 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. 1782 OF 2008 --------------------- Dated this the 15th day of January, 2008 JUDGMENT This writ petition is filed to direct the Munsiff Court, Koyilandy, to issue a certified copy of suit registrar extract in O.S. 344/47 urgently and also direct him to issue a proper order in C.A. 758/07 in Ext.P2 application. 2. Learned counsel for the writ petitioner contends that he moved for a certified copy of the order before the District Court and it was returned stating that the records are not traceable. Thereafter the petitioner moved an application before the Munsiff Court, Koyilandy, for issuance of a copy of the suit register extract. It is seen that the petitioner has moved an application namely C.A. 2770/06 before the District Court, Kozhikode and by an endorsement dated 7.11.06 it was returned stating that “records not traced out in the record section”. Since the petitioner was unable to get the same, he filed an application for getting suit register extract. If by any chance the records in O.S. 344/47 is available with the Munsiff Court, Koyilandy, that may be pointed out so that the party can file WPC NO 1782/08 2 application for getting a copy of the judgment. If it is not there, then the party has no other alternative other than to get the suit register extract to know what has happened to the suit. Therefore, I direct the Munsiff Court, Koyilandy to ascertain and find out whether records in O.S. 344/47 is available before that court and if it is not available, then issue a copy of the suit register extract to the petitioner so that he can produce it before the authorities. In case the original records are available, I direct the court below to return the application filed by the petitioner for suit register extract with an endorsement, so that the party can apply for a certified copy of the judgment. This shall be done within a period of six weeks from today. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 1782/08 3