Kerala High Court
K.R. Sivaraman vs Kurian @ Thankachan on 6 July, 2022
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
2
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
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
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
(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
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
