IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6707 of 2010(K)
1. V.BALABHADRAN NAIR,UDAYAGIRI VAZHICHAL
... Petitioner
Vs
1. THE KERALA STATE FINANCIAL ENTERPRISES
... Respondent
2. BRANCH MANAGER, KSFE LTD., VELLARADA
3. THE SPECIAL DEPUTY THAHASILDAR (RR)
4. THE DIST. COLLECTOR,
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :SRI.M.L.SAJEEVAN, SC, KSFE LTD.
The Hon'ble MR. Justice P.BHAVADASAN
Dated :02/03/2010
O R D E R
P. BHAVADASAN, J.
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W.P.(C) No. 6707 of 2010
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Dated this the 2nd day of March, 2010
JUDGMENT
In this writ petition filed under Article 227 of the
Constitution of India the petitioner seeks the following
reliefs:-
i) to issue appropriate directions to the 1st Addl.
Sub Court, Thiruvananthapuram to issue the
judgment and decree in O.S. No.332 of 2004
as expeditiously as possible within such time
to be prescribed by this Honourable Court;
ii) to issue a writ of mandamus or any other
appropriate writ, order or direction directing
the respondents not to proceed with the sale
of the property pursuant to Ext.P3, till copies
of the judgment and decree in O.S. No.332 of
2004 is made available to the petitioner,
enabling him to file an appeal and
iii) to issue other reliefs that this Honourable
Court may deem fit and proper considering
the nature and circumstances of this case.
2. The petitioner instituted O.S. No.332 of 2004
before the First Addl. Sub Court, Thiruvananthapuram for
settlement of accounts and also for setting aside revenue
recovery proceedings pursuant to Ext.P3 notice. The
W.P.(C) No. 6707/10 2
dispute relates to a chitty transaction between the
petitioner and the 1st respondent. The petitioner claims that
he has cleared the entire debt due to the 1st respondent and
no further amount is due from him. The suit was included
in the list on 21-6-2008. The petitioner moved an application
to remove the suit from the list. The suit was removed from
the list for a period of one week and posted to 28-6-2008.
On that day the petitioner was absent and the suit was
dismissed for default.
3. The petitioner filed I.A. No.3241 of 2008 for
restoration of the suit. That was dismissed for default.
Ultimately, the matter came up before this Court in W.P.(C)
No. 9317 of 2009. The above writ petition was disposed of
by Ext.P2 judgment directing the learned Sub Judge to
dispose of the application for restoration within one month
from the date of production of the judgment.
4. The petitioner pointed out that the suit was
dismissed on 9-12-2009. He has immediately applied for a
certified copy of the judgment and decree. The grievance of
the petitioner is that though he has applied for a carbon
W.P.(C) No. 6707/10 3
copy of the judgment, that is not issued so far. It is pointed
out that in the meanwhile, steps are being taken by the
defendants to sell the property. Ext.P3 is the notice issued
to him. In the light of the above facts, the petitioner prays
for a direction to the court below to issue a carbon copy of
the judgment to enable him to file an appeal against the
judgment and till then the sale may be kept in abeyance.
5. In the light of the order that is sought to be
passed, notice to the respondent is not necessary.
6. Considering the facts and circumstances of the
case, the prayer made is reasonable one.
7. Hence, there will be a direction to the First Addl.
Sub Court, Thiruvananthapuram to issue a carbon copy of
the judgment in O.S. No.332 of 2004 as early as possible, at
any rate within two weeks from today. Till then, Ext.P3 shall
be kept in abeyance.
The writ petition is disposed of as above.
P.BHAVADASAN, JUDGE.
mn.