OP(C) NO. 1198 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
OP(C) NO. 1198 OF 2022
AGAINST THE ORDER/JUDGMENT IN AS 11/2019 OF SUB COURT,
THIRUVALLA
PETITIONER/APPELLANT/PLAINTIFF:
K.R. SIVARAMAN
AGED 69 YEARS
S/O LATE RAGHAVAN, RESIDING AT PARAYIL HOUSE,
EZHUMATTOOR MURI, EZHUMATTOOR VILLAGE, MALLAPPALLY
TALUK., PATHANAMTHITTA DISTRICT, PIN - 689586
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 KURIAN @ THANKACHAN
AGED 62 YEARS
FATHERS NAME NOT KNOWN TO PETITIONER, KALLUAPARAYIL
HOUSE, VALAKUZHY P.O., EZHUMATTOOR VILLAGE,
MALLAPPALLY TALUK., PATHANAMTHITTA DISTRICT, PIN -
689586
2 BIJI @ JINU, S/O KURIAN @ THANKACHAN,
AGED 62 YEARS
S/O KURIAN @ THANKACHAN, KALLUAPARAYIL HOUSE,
VALAKUZHY P.O., EZHUMATTOOR VILLAGE, MALLAPPALLY
TALUK., PATHANAMTHITTA DISTRICT, PIN - 689586
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1198 OF 2022
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JUDGMENT
The original petition is filed to direct the Court of the Subordinate Judge, Thiruvalla, to issue the certified copy of the judgment in A.S.11/2019.
2. The petitioner's case, in brief, in the original petition is that, he is the appellant in the above appeal, which is filed challenging the judgment and decree in O.S.No.223/2012 of the Court of the Munsiff, Thiruvalla. The petitioner has been informed that the appeal was dismissed by the Appellate Court on 20.6.2022. Even though he filed I.A No.5/2022 to stay the execution of the impugned judgment, the Appellate Court has dismissed the same. The petitioner proposes to challenge the judgment passed by the Appellate Court in further proceedings. However, in the meantime, the respondents are hastily taking steps to close down the pathway, which would be OP(C) NO. 1198 OF 2022 3 detrimental to the interest of the petitioner. Hence the petitioner prays that the Appellate Court may be directed to issue the certified copy of the judgment and until such time, the operation of the impugned judgment may be kept in abeyance and the respondents may be directed to maintain status quo as on the date of the judgment. Hence the original petition.
3. Heard; Sri.P.Haridas, the learned counsel appearing for the appellant. In view of the limited relief that I propose to pass, I dispense with notice to the respondents.
4. On a consideration of the pleadings and materials on record, it is evident that A.S No.11/2019 was dismissed by the Appellate Court on 20.6.2022. The petitioner has asserted that he has applied for certified copy of the judgment and the same has not been received. It is also on record that his application seeking to stay the execution of the impugned judgment and to direct the respondents to maintain status quo has been dismissed on 25.6.2022. In OP(C) NO. 1198 OF 2022 4 the above circumstances, especially since the petitioner proposes to challenge the judgment in A.S. 11/2019, I am of the firm view that the parties are to maintain status quo until such time the petitioner is issued with the certified copy of the judgment, to do complete justice to the parties . In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose the original petition as follows:
(i) The Court of the Subordinate Judge, Thiruvalla. is directed to issue the certified copy of the judgment in A.S 11/2019 to the petitioner, within a period of four weeks from today, in accordance with law, provided the petitioner has made the copy application as provided under law.
(ii) The operation of the impugned judgment in A.S. 11/2019 shall be kept in abeyance for a further period of two weeks from the date on which the certified copy of the judgment is issued.
OP(C) NO. 1198 OF 2022 5
(iii) The petitioner and the respondents are directed to maintain status quo in respect of the plaint schedule property, as on the date of passing of the judgment in A.S.11/2019, for a period of two weeks from the date on which the certified copy of the judgment in A.S.11/2019 is ready.
Sd/-
C.S.DIAS
ma/6.7.2022 JUDGE
OP(C) NO. 1198 OF 2022
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APPENDIX OF OP(C) 1198/2022
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE PLAINT IN O.S. NO.223/2012
BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 03.05.2012 Exhibit-P2 TRUE COPY OF THE REPORT OF ADVOCATE COMMISSIONER AND ROUGH SKETCH DATED 30.05.2012 IN I.A. NO.325/2012 IN O.S.NO.223/12 OF THE MUNSIFF COURT, THIRUVALLA Exhibit-P3 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.
NO. 223/2012 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED NIL Exhibit-P4 TRUE COPY OF THE JUDGMENT IN O.S. NO.
223/2012 OF THE MUNSIFF COURT, THIRUVALLA DATED 27.02.2019 Exhibit-P5 TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.
NO. 11/2019 OF SUB-COURT, THIRUVALLA, DATED 20.05.2019 Exhibit-P6 TRUE COPY OF THE I.A. NO 5/2022 IN A.S. NO.
11/2019 OF SUB-COURT, THIRUVALLA, DATED 25.06.2022