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2022 Supreme(Ker) 613

A.BADHARUDEEN
Sree Narayana Dharma Sangham Trust – Appellant
Versus
Surendranath, S/o. Appukuttan – Respondent


Advocates Appeared:
For the Petitioner: Sri. Renjith B. Marar, Sri. V.G. Arun Neyyattinkara, Smt. Reshmi Jacob.
For the Respondent: Sri. Ajit G. Anjarlekar, Sri. Govind Padmanaabhan, Sri. Manu V., Sri. Ram Mohan G., Sri. G.P. Shinod.

JUDGMENT :

This Original Petition has been filed under Article 227 of the Constitution of India by the petitioner herein, who is the 1st defendant in O.S.No.965/2012, pending before the Principal Munsiff Court, Neyyattinkara, where O.S.No.261/2013 filed against the petitioner and others also has been pending.

2. The questions emerges in the Original Petition is whether copy of a document applied for, is a certified copy, the same can be issued? or the same is prohibited by law?

3. To be on the crux of the dispute, as per Ext.P5 order, the application put up by the petitioner to get copy of a certified/ registration copy of Otti and Kuzhikanam deed No.1174/1098 obtained from the Registrar Office and produced before the court, was disallowed by the Munsiff Court, in a case where the respondents raised contention that there is no provision to issue copy of the certified copy of a document.

4. In this case, the Munsiff Court disallowed the application for the reasons extracted hereunder :

    “The reason stated for the present petition is that the deed was torn. It is not made out from the affidavit in support of the petition as to whether the original of deed No.1174/1098 was torn or the copy

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