In this Original Petition, the reliefs sought for are as follows:
“A. That an order be passed directing the Munsiff's Court, Neyyattinkara where O.S. No. 54 of 2008 is pending, to issue a carbon copy of the order dated 17.10.2014 on I.A. No. 6017 of 2014 within a time frame to be fixed by this Hon'ble Court.”
2. Petitioner is the plaintiff in O.S. 54 of 2008 on the file of the Munsiff's Court, Neyyattinkara. The suit is one for declaration and for injunction restraining the second defendant and his agents from trespassing into the plaint schedule property. According to the petitioner, the first defendant executed a sale deed in favour of the second defendant and the said document is a sham document. The defendants entered appearance and filed written statements. On the basis of the pleadings issues were raised. Two O.P.C. 2413/2014.
2 additional issues were also framed by the trial court. Thereafter, the plaintiff had filed I.A. 5734 of 2014 for deleting one of the prayers in the plaint and confining the suit as one for injunction. That petition was allowed and the prayer for declaration was allowed to be withdrawn. Thus the only question that remains to be considered is whether the plaintiff was in possession as on the date of the suit. It is pointed out that the lower court as per order dated 17.10.2014 refused to delete issue No.2 and to amend issue No.1 as sought for by the plaintiff.
3. The petitioner points out that he had applied for carbon copy of the order on the same day itself and so far he has not received the same. It is pointed out that the suit is posted for disposal on 23.10.2014. It is contended on behalf of the petitioner that if the copy is not made available, the petitioner cannot take further steps available to him. It is pointed out that in the meanwhile if the suit is disposed of, O.P.C. 2413/2014.
3 the petitioner will be put to irreparable loss and injury.
4. In the light of the order that is proposed to be passed in this Original Petition, notice to the respondents appears to be unnecessary.
This Original Petition is disposed of with a direction to the Munsiff's Court, Neyyattinkara to make available the carbon copy of the order applied for by the petitioner within a period of two weeks from the date of receipt of a copy of this judgment. It is also ordered that there will be a stay of all further proceedings in the suit for a period of one month from today.
P. BHAVADASAN, JUDGE sb.