IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11680 of 2010(O)
1. BENNY,AGED 35 YEARS,S/O.OUSEPH,
... Petitioner
Vs
1. SREEKUTTY G.RAGHAVAN,D/O.RAGHAVAN
... Respondent
2. REJI.K.MOHAN,S/O.MOHANDAS,
3. PRAVEEN.K.MOHAN, BAINU BHAVAN,
For Petitioner :SRI.K.SHRIHARI RAO
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :05/04/2010
O R D E R
P.BHAVADASAN, J.
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WP(C) No.11680 of 2010-O
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Dated 5th April 2010
Judgment
In this Writ Petition filed under Article 227 of the
Constitution of India, the limited prayer of the petitioner is
to direct the Munsiff’s Court, Vaikom to serve a carbon
copy of the order passed on Ext.P1 application filed by him
and till then, not to proceed with the trial of the suit.
2. The petitioner is the plaintiff in OS No.299/09
before the Munsiff’s Court, Vaikom. The suit is one for
declaration of easement right and for mandatory injunction.
The petitioner filed an application as IA No.570/10 for
issuance of a commission for measuring the plaint
schedule properties, especially, plaint Item No.4 pathway,
with the aid of a Taluk Surveyor. No objection was filed by
the respondents to the commission application. On
27.03.2010, the IA filed by the petitioner was dismissed by
the Munsiff’s Court, Vaikom and immediately, the petitioner
filed an application for copy of the order so passed. But,
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he has not yet received the copy of the order. The
petitioner submits that a copy of the order is absolutely
necessary to assail the order and to take further steps in
the matter. Therefore, he prays for issuance of a carbon
copy of the order passed on his application for commission.
He also prays for keeping in abeyance, the trial of the suit
till a carbon copy of the order is issued to him.
3. In the nature of the order that is proposed to
be passed in this Petition, it is felt that notice to the
respondents is unnecessary. Whatever be the fate of the
application filed by the petitioner, he is certainly entitled to
a copy of the order. Accordingly, there will be a direction to
the Munsiff’s Court, Vaikom to issue carbon copy of the
order passed on IA No..570/10 to the petitioner within two
weeks from the date of receipt of a copy of this Judgment.
Till such time, the trial of the suit shall be kept in abeyance
so as to enable the petitioner to take further steps in the
matter.
P.BHAVADASAN, JUDGE
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sta
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