In this writ petition filed under Article 227 of the Constitution of India, the following reliefs are sought for: “(i) direct the Court below to keep the trial of the case in OS No.627/09 in abeyance till the certified copy of the decree in OS No.11/99 is issued to the petitioner.
(ii) direct the Court below to issue the certified copy of the decree in OS No.11/99 to the petitioner as early as possible.”
2. The petitioner contending that it is only when the property sold in execution of the decree in OS No.11/99, he came to know that his property has been wrongly included in the decree, he then moved OS No.627/2009 for appropriate reliefs regarding the wrong inclusion of his property in the decree in OS No.11/99.
3. The grievance of the petitioner is that, though he applied for certified copy of the decree and other -2-
O.P.(C). No. 2419 of 2014 connected papers in OS No.11/99 in 2011, the petitioner has received the other documents except the certified copy of the decree. The petitioner again applied for certified copy of the decree in 2013, so far the same has not been issued to him.
4. Petitioner therefore seeks interference of this court for a direction to the court concerned to issue certified copy of the decree in OS No.11/99. There is also prayer to keep the trial of OS No.627/2009. While the prayer sought for keeping in abeyance of the trial of OS No.627/2009 is dispensed with, there is sufficient reason in the grievance that even the repeated request made by the petitioner to get a certified copy of the decree in OS No.11/99 long ago, had not so far given to him.
In the result, the petition is disposed of directing the Principal Sub Court, North Paravur to take steps to issue certified copy of the decree in OS No.11/99 to the petitioner, as expeditiously as possible, at any rate, within -3-
O.P.(C). No. 2419 of 2014 a period of one month from the receipt of a copy of the judgment.
Sd/-
P.BHAVADASAN JUDGE das