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Philip Thomas

High Court Of Kerala|28 November, 2014
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JUDGMENT / ORDER

The limited prayer in this original petition is for a direction to the Sub Court, Thiruvalla to issue a carbon copy/certified copy of the orders in E.A.No.8/2013, E.A.No.99/2012, E.A.No.10/2013 in E.P.No.16/2006 filed for various reliefs. These petitions were disposed of by order dated 24.11.2014 and thereafter the delivery stands posted to 28.11.2014. 2. The grievance of the petitioner is that without getting a carbon/certified copy as the case may be of the orders, he may be precluded from taking further steps in the matter and if delivery is posted before taking steps, that will cause irreparable loss and injury to him. The petitioner points out that the petitions have been pending for a long time and there were 12 postings of the petitions and ultimately on 24.11.2014, they O.P.(C) No.2831/2014 2 are dismissed without giving a breathing time to the petitioner to take such steps as are available to him under law against the orders passed by the Sub Court, Thiruvalla and delivery of the property is posted to 28.11.2014.
3. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
4. There seems to be considerable force in the submission made by the learned counsel for the petitioner that at least a breathing time ought to have been given to the petitioner to procure a carbon copy/certified copy as the case may be of the orders and pursue his remedies against that orders. It needs to be noticed that the petitions have been pending for a long time and the petitioner has been following it up. At any rate, the petitioner is entitled to get carbon copy/certified copy as the case may be of the orders.
Therefore, this original petition is disposed of with a direction to the Sub Court, Thiruvalla to make available the carbon copy/certified copy as the case may be of the orders on E.A.No.8/2013, E.A.No.99/2012, E.A.No.10/2013 in O.P.(C) No.2831/2014 3 E.P.No.16/2006 to the petitioner as expeditiously as possible, at any rate, within a period of ten days from today. The delivery shall stand adjourned by two weeks.
Sd/-
P.BHAVADASAN JUDGE smp
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Title

Philip Thomas

Court

High Court Of Kerala

JudgmentDate
28 November, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri
  • G Sreekumar Chelur