IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8685 of 2007(H)
1. USHAKUMARI,AGED 36 YEARS,W/O.MOHANAN,
... Petitioner
Vs
1. K.SURENDRAN,AGED 61 YEARS,S/O.KOCHURAMAN
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :14/03/2007
O R D E R
K.P.BALACHANDRAN, J.
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W.P.(C)NO.8685 OF 2007
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Dated this the 14th day of March 2007
JUDGMENT
The petitioner is the first petitioner in Ext.P2 obstruction
petition filed in O.S.533/00, which is pending in execution before
the Munsiff’s Court, Nedumangad. It is submitted that a decree
was obtained by the respondent restraining certain labourers
from widening the width of the path way that connects two
public roads on either side of which connecting road there are
several houses and that under the cover of the decree obtained
by him, the decree holder is attempting to enclose the existing
pathway which will disable the occupants of the houses on either
side of the connecting roads to have access to their houses. The
grievance of the petitioner is that when an obstruction petition
was filed by her alongwith the second petitioner in the court
below to restrain execution of the decree to their detriment, the
court below vide order dated 12.3.2007, dismissed the said E.A.
and directed the Amin to execute the decree on that day itself
with police help. Counsel for the petitioner submits that the
decree is not executed till 3.45 p.m. on 14.3.2007. Prayer in this
W.P.(C)NO.8685 OF 2007
2
writ petition is for a direction being given to the court below to
issue carbon copy of the order dated 12.3.2007 expeditiously so
as to enable the order being challenged before the appropriate
forum.
2. In the circumstances, I direct the court below to issue a
carbon copy of the order dated 12.3.2007 to the petitioner
positively, within three days of receipt of a copy of this judgment
by him if an application for carbon copy has been made by the
petitioner on 13.3.2007 as is submitted by the counsel for the
petitioner. The petitioner is directed to produce a copy of this
judgment before the Munsiff as expeditiously as possible to
enable the Munsiff to comply with the above direction. In the
meanwhile, the execution of the decree if not already executed
by this time, shall stand stayed for two weeks from today.
This writ petition is disposed of with the above directions.
K.P.BALACHANDRAN, JUDGE
jes