IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29318 of 2009(O)
1. NASEEMA, D/O.MUHAMMED ABDUL KHADER,
... Petitioner
Vs
1. ANITHA, D/O.ASEESA,
... Respondent
2. K.M.NAZER,KOCHARA KIZHAKKATHIL VEEDU,
For Petitioner :SRI.M.R.RAJESH
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :16/10/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.29318 OF 2009
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Dated this the 16th day of October 2009
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JUDGMENT
The writ petition is filed seeking the
following reliefs.
i) Issue a direction or order directing
the Munsiff Court, Varkala to issue, a certified
copy of the order, dismissing the application in
Order IX Rule 13 (I.A. No.1265/2009 in O.S
No.319/2005), applied for vide Copy Application C.A
No.787/2009 dated 08/10/2009 and a certified copy
of the order, dismissing Exts.P2, P3 and P4
petitions(E.A No.96/2009, E.A No.95/2009 and E.A
No.114/2009 in E.P No.5/2007 in O.S No. 319/2005),
applied for vide Copy Application C.A No.786/2009
dated 08/10/2009, as expeditiously as possible
within a time frame to be fixed by this Hon’ble
Court, and until the issuance of the orders, stay
W.P.(C).No.29318 OF 2009 Page numbers
all further execution proceedings in E.P No.5/2007
in O.S No.319/2005 on the file of the Munsiff
Court, Varkala for a reasonable period so that the
petitioner can work out her remedies against the
dismissal of the above mentioned petitions.
ii) Issue such other appropriate writ,
direction or order as the case may be in the facts
and circumstances.
2. Petitioner is one among the judgment
debtors in O.S No. 319 of 2005 on the file of the
Munsiff Court, Varkala. In the above suit, an
exparte decree for recovery of possession was
granted in favour of the respondents. Petitioner
has applied for setting aside the exparte decree
with a petition to condone delay, and also resisted
the execution of the decree filing some petitions.
The grievance canvassed is, all those petitions
were dismissed without any enquiry and the delivery
of the property has been ordered to be given effect
to on 19/10/2009. Petitioner has applied for
W.P.(C).No.29318 OF 2009 Page numbers
getting copies of the orders passed by the court,
and in case, delivery is effected without providing
her an opportunity to challenge the orders, it will
cause her severe hardship and irreparable injury is
the submission of the counsel. Having regard to
the submissions made and taking note of the facts
and circumstances presented, I direct the court
below to issue copies of the orders applied for
under C.A No.787/2009 and C.A No.786/2009 within
two weeks from the date of this judgment. The
execution court is directed to keep in abeyance the
delivery for a period of three weeks from today.
Writ petition is disposed subject to the above
directions. Hand over a copy of the judgment to
the learned counsel for the petitioner and send a
copy to the court concerned forthwith.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY/
P.A TO JUDGE
vdv