IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27635 of 2007(M)
1. BEEPATHUMMA, AGED 45 YEARS,
... Petitioner
Vs
1. K.A.MOLLY, D/O K.M.ABRAHAM,
... Respondent
For Petitioner :SRI.RAJESH SIVARAMANKUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/09/2007
O R D E R
M.N.Krishnan, J.
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W.P(C).No.27635 of 2007
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Dated this the 17th day of September, 2007.
JUDGMENT
This Writ Petition is filed seeking a direction to the Munsiff,
Palakkad to issue certified copy of the order dated 4.7.2007 in
I.A.No.2696 of 2006 in O.S.No.171 of 1999 within a stipulated
time and for a stay of further proceedings pursuant to Ext.P1.
Original defendant in the suit is the writ petitioner before me. It
is submitted that she had filed an application for setting aside the
ex parte decree and that had been dismissed by the trial court
and she had applied for certified copy as early as on 4.7.2007
and it has not been obtained. Meanwhile the decree holder is
proceeding further with the execution of the decree and the sale
is posted on 19.9.2007.
2. The writ petitioner requests that if the sale materialises
on that day, it will cause hardship, if ultimately she succeeds in
getting the ex parte decree set aside. There is some force in the
WP(C) 27635/07 -: 2 :-
said contention and the certified copy applied for has not been
granted for more than two months.
3. Therefore, I direct the Munsiff, Palakkad to issue
certified copy of the order which is sought for immediately, at
any rate, within a period of 10 days from today and direct the
court below to defer the sale by three weeks; so as to enable the
writ petitioner to move for appropriate remedies in appropriate
forum.
Writ Petition is disposed of as above.
M.N.Krishnan,
Judge.
ess 17/9