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Sadanandhan vs T J Mathew

High Court Of Kerala|06 May, 2014
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JUDGMENT / ORDER

The petitioners are the defendants in OS No. 380/2011 before the Munsiff Court, Ottapalam. The suit was disposed of by the court along with OS No. 430/2011 by the common judgment dated 31.03.2014. The petitioners now want to file appeal, for which they want a copy of the decree. Their grievance is that decree has not so far been draft in the trial court, and so they seek a direction to the trial court to draft the decree and issue certified copy of the decree immediately.
2. On hearing the learned counsel, I find not necessity for such a direction. The trial court will take its own time to draft decrees when there is huge pendency of decrees to be drafted. If a direction as prayed for is given, it will cause disorder on the administration side in the trial court. The petitioners can very well file appeal with the judgment, the operative portion of which will be treated as decree, and get time from the appellate court O.P (C) No.1122 of 2014 2 to produce copy of the decree as provided in the Rules. With this observation, this petition can be closed.
In the result, this petition is closed with observation that the petitioners can file appeal with the copy of the judgment, the operative portion of which will be treated as decree, and produce copy of the decree within the time permitted the appellate court.
Sd/-P. UBAID, Judge lsn
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Title

Sadanandhan vs T J Mathew

Court

High Court Of Kerala

JudgmentDate
06 May, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • G Sreekumar
  • Chelur