IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1782 of 2008(K)
1. BALAKRISHNAN NAIR, S/O. RARUKUTTY KURUP,
... Petitioner
Vs
1. KELAPPAN NAIR,
... Respondent
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/01/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 1782 OF 2008
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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
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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
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