Mathan Payyanatan Mohanan vs Moonambeth Payyanatan Meenakshi on 9 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3820 of 2009(D)


1. MATHAN PAYYANATAN MOHANAN,
                      ...  Petitioner

                        Vs



1. MOONAMBETH PAYYANATAN MEENAKSHI,
                       ...       Respondent

2. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.P.NARAYANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/02/2009

 O R D E R
                               K.T.SANKARAN, J.
                  ------------------------------------------------------
                      W.P.(C) NO. 3820 OF 2009 D
                  ------------------------------------------------------
                    Dated this the 9th February, 2009


                                    JUDGMENT

The grievance of the petitioner is that though he applied for

certified copy of the judgment and decree in A.S.No.59 of 2007, on the file

of the Court of the Additional Subordinate Judge, Thalassery, he has not

received the certified copy of the judgment and decree. It is stated that

the petitioner is one of the defendants in O.S.No.310 of 2006, on the file

of the Additional Munsiff’s Court, Kannur. The suit was filed for partition.

A preliminary decree was passed. Challenging the preliminary decree,

A.S.No.59 of 2007 was filed. Petitioner is one of the appellants in the

Appeal. The Appeal was dismissed by the judgment and decree dated

31.1.2009. The petitioner applied for certified copy of the judgment and

decree on the date of pronouncement of the judgment itself. It is stated in

paragraph 9 of the Writ Petition that the plaintiffs in the suit are taking

urgent steps to execute the decree.

2. An additional affidavit is filed along with I.A.No.1988 of 2009,

stating that during the pendency of the Appeal before the lower appellate

court, a stay of passing of the final decree alone was granted and that the

final decree proceedings were going on. The final decree application is

W.P.(C) NO.3820 OF 2009 D

:: 2 ::

now posted to 4.3.2009. Learned counsel for the petitioner submits that

the Commissioner’s report has not been filed so far.

3. The Registry was directed to ascertain from the Sub Court,

Thalassery as to the expected time within which the copy of the judgment

and decree could be supplied to the petitioner. It was informed by the

Sub Court that copy applications are being complied with according to

priority and it will take 45 days to issue certified copy.

4. Taking into account the facts and circumstances of the case,

there will be a direction to the Additional Subordinate Judge’s Court,

Thalassery to issue certified copy of the judgment and decree in

A.S.No.59 of 2007 on or before 15.3.2009.

The Writ Petition is disposed of as above.

(K.T.SANKARAN)
Judge

ahz/