Alocious Fernandez vs J. Joosa Morias

Thomas P. Joseph, J.—Defendants in O.S. No. 343 of 2008 of the court of learned Principal Munsiff, Neyyattinkara are the petitioners before me. They suffered an ex parte decree on 07-08-2009 for declaration of title of respondents and for recovery of possession of ''FGHIJK'' plot in Ext.P6, report of the Advocate Commissioner. To set aside the ex parte decree they filed I.A. No. 4612 of 2009. That application was dismissed on 14-09-2010. Petitioners have applied for a copy of the order vide I.A. No. 6805 of 2010 and C.F. No. 14021. Grievance of petitioners is that a carbon copy of the order is not so far issued to them and in the meantime the property is sought to be recovered on 20-09-2010. Petitioners say that there are structures in the property sought to be recovered and it is about to be demolished with the assistance of police. It is requested that direction may be issued to the learned Munsiff to issue copy of the order and in the meantime decree for recovery of possession may be kept in abeyance.

I have been taken through the relevant records and also through Ext.P5, report of the Advocate Commissioner and averments in the plaint as to the extent of property over which respondents claimed title and possession. Having regard to the circumstances of the case I am inclined to give some time to the petitioners so that in the meantime they can challenge dismissal of I.A. No. 4612 of 2009 as provided under law.

Writ petition is disposed of in the following lines:

(i) Learned Principal Munsiff, Neyyattinkara is directed to issue carbon copy of the order dated 14-09-2010 on I.A. Nos. 4611 in O.S. Nos. 343 and 426 of 2008, respectively and 4612 of 2009 as early as possible.

(ii) It is directed that the structures in the property allowed to be recovered in O.S. No. 343 of 2008 shall not be demolished till the expiry of seven (7) days from the date notified for delivery of the carbon copy of the orders as requested for in I.A. Nos. 6805 and 6806 of 2010.