OP(C) NO. 794 OF 2025 1 2025:KER:29556 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 794 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 10.03.2025 IN AS NO.45 OF 2015 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, KARUNAGAPPALLY ARISING OUT OF THE ORDER/JUDGMENT IN OS NO.756 OF 1999 OF MUNSIFF COURT, KARUNAGAPPALLY PETITIONER: SOMANATHAN PILLAI AGED 72 YEARS S/O. GOPALA PILLAI, PUTHUKKATTU VEEDU, CHANGANKULNGARA MURI, OACHIRA VILLAGE, KARUNAGAPPALLY TALUK, OACHIRA P.O., KOLLAM., PIN - 690526 BY ADVS. T.S.HARIKUMAR P.B.SAHASRANAMAN RESPONDENTS: 1 REMA.S.NAIR AGED 58 YEARS W/O. SUKUMARAN NAIR, SOORYA, NEDUBRAM, PODIYADI, THIRUVALLA, PATHANAMTHITTA., PIN - 689110 2 SANDEEP.S.NAIR AGED 40 YEARS S/O. SUKUMARAN NAIR, SOORYA, NEDUBRAM, PODIYADI, THIRUVALLA, PATHANAMTHITTA., PIN - 689110 3 SMITHA.S.NAIR AGED 36 YEARS D/O. SUKUMARAN NAIR, SOORYA, NEDUBRAM, PODIYADI, OP(C) NO. 794 OF 2025 2 2025:KER:29556 THIRUVALLA, PATHANAMTHITTA., PIN - 689110 BY ADVS. Sadchith P Kurup C.P.ANIL RAJ(K/872/2007) SIVA SURESH(K/2688/2022) B.SREEDEVI(K/169/2024) ATHIRA VIJAYAN(K/199/2024) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 794 OF 2025 3 2025:KER:29556 JUDGMENT Dated this the 4th day of April, 2025 This original petition is filed for setting aside Ext.P3 and to direct the Sub Court, Karunagappally to issue a certified copy of the judgment and decree in AS No.45 of 2015. 2. The learned counsel for the petitioner submits that he has received the certified copy and intends to file a second appeal. Therefore, the interim order passed by this Court may be extended for a short period. The learned counsel for the respondent had filed a counter affidavit producing Ext.R1(c), the proceedings happened in EP on 25.03.2025 which shows that the delivery was effected on 17.03.2025. But this court granted stay only on 21.3.2025. Therefore, this Original Petition is closed. Sd/- BASANT BALAJI JUDGE saap OP(C) NO. 794 OF 2025 4 2025:KER:29556 APPENDIX OF OP(C) 794/2025 PETITIONER EXHIBITS Exhibit-P.1. TRUE PHOTOSTAT COPY OF THE ORDER IN I.A.NO.01 OF 2024 IN A.S.NO.45 OF 2015 OF THE SUB COURT, KARUNAGAPPALLY, DATED 14-10- 2024. Exhibit.P.2. TRUE PHOTOSTAT COPY OF THE SECURITY BOND EXECUTED BY THE PETITIONER BEFORE THE MUNSIFF COURT, KARUNAGAPPALLY, DATED 21-10- 2024. Exhibit.P.3. TRUE PHOTOSTAT COPY OF THE ORDER IN I.A.NO.10 OF 2025 IN A.S.NO.45 OF 2015 OF THE SUB COURT, KARUNAGAPPALLY, DATED 10-03- 2025. RESPONDENT EXHIBITS Exhibit R1A A true copy of the interlocutory application dated 1.3.2025 filed as IA No. 10/2025 in AS No. 45/2015 on the files of Sub court Karunagappally Exhibit R1B A true copy of the counter affidavit dated 5/3/25 filed in IA No. 10/2025 in AS No. 45/2015 on the files of Sub court Karunagappally Exhibit R1C A true copy of the proceedings in EP No. 48/2015 dated 25.3.2025 obtained from the online portal of the execution court (Munsiffs Court, Karunagappally) Exhibit R1D A true copy of the judgment in A.S.No. 45/2015 on the files of Sub Court Karungappally //True copy //PA to Judge