This writ petition arose from the petitioner seeking a carbon copy of an order rejecting his application. The High Court directed the Munsiff, Parappanangadi to issue the copy within two days and directed the petitioner to produce the judgment below for stay of trial.
Direction to the Munsiff to issue the carbon copy of the order within two days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930
WP(C).No.1265 of 2009 (A)
-------------------------------AGAINST THE ORDER IN IA.29/09,I.A.102/09 IN OS.204/2006 of M.C.,PARAPPANANGADI ....................
PETITIONER:
---------------
IBRAHIM, S/O.MOHAMMED, KALATHINGAL, KLARI AMSOM, TIRURANGADI TALUK, MALAPPURAM DIST.
BY ADV. SRI.K.P.SUDHEER
RESPONDENTS:
------------------
1. ALAVI HAJI, S/O.KUNHEETHU, KUNNAKADAN, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM DISTRICT
2. MOOSAKUTTY,S/O.ATHU, KADAKOTT, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM DISTRICT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.P.BALACHANDRAN, J.
W. P. C No.1265 of 2009
Dated this the 13th day of January, 2009
JUDGMENT
The grievance of the petitioner is that
the court below rejected Ext.P3 application filed by him vide order passed on 09/01/09; that carbon copy of that order was applied for
on 12/01/09 as 10th and 11th of January, 2009 were holidays; that the case is posted for commencement of trial to 15/01/09 and that as copy of order is not issued, he is rendered unable to assail the said order. He therefore, prays that direction be issued to the Munsiff, Parappanangadi to issue carbon copy of the order dt.09/01/09 on I.A.29/09 and I.A.102/09 in O.S.204/06 so as to enable the petitioner to assail the said orders and to move for stay of trial of the suit. It is submitted that the number of the copy application that was filed on 12/01/09 is C.A.22/09.
-2-
W. P. C No.1265 of 2009
counsel for the petitioner urgently.
K.P.BALACHANDRAN, JUDGE
kns/-
2 issues framed by the court
Whether direction be issued to the Munsiff to issue a carbon copy of the order rejected on application filed by the petitioner.
Whether composite stay of trial be granted on account of non-issue of copy of the order of the court below.
IBRAHIM, S/O.MOHAMMED, KALATHINGAL, KLARI AMSOM, TIRURANGADI TALUK, MALAPPURAM DIST.
THE MUNSIFF, PARAPPANANGADI
ALAVI HAJI, S/O.KUNHEETHU, KUNNAKADAN, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM DISTRICT
MOOSAKUTTY,S/O.ATHU, KADAKOTT, EDARIKKODE POST, CHANGUVETTY, MALAPPURAM DISTRICT
K.P.BALACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
