APPU Vs. PRABHAKRAN, S/O. KAIMAPARAMBIL

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 446/2007 on the file of the Sub Court, Irinjalakuda is the Petitioner herein. The suit was filed for declaration and consequential injunction. After trial, the trial court by judgment and decree dated 10/2/2011 dismissed the suit.

(2.) THE grievance of the Petitioner is that as on the date of dismissal of the suit itself, an application was filed by the Petitioner for getting carbon copy/authenticated copy of the judgment and decree; but he has not received copy so far. Going by the commissioner's report it is seen that the Plaintiff is residing in the plaint schedule property. The Petitioner apprehends that the Defendant may at any time commit trespass into his property and in that event it will cause substantial injustice to him. Therefore, he prayed that a direction may be issued to the court below to issue carbon copy of the judgment and authenticated copy of the decree him and that till the copy of the judgment and decree are issued, status quo as on the date of the decree shall be directed to be maintained by the parties. The prayer to issue order of status quo till the filing of the appeal cannot be granted. The prayer can be considered in appropriate proceedings. This Court direct the Sub Court, Irinjalakuda to issue carbon copy/authenticated copy of the judgment and decree dated 10/2/2011 in O.S. No. 446/07 to the Petitioner within three weeks from today.