IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 21100 of 2010(O) -------------------------- AGAINST THE ORDER IN IA 3880/06 IN OS.685/2006 of PRL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- 1. C.L.KURIAN AND BROTHERS, RICE BAZAR, THRISSUR REPRESENTED BY ITS MANAGING PARTNER SIJO GEORGE, S/O. C.L.GEORGE, CHANDY HOUSE, ATTORE, KUTTOOR.P.O., THRISSUR DISTRICT. 2. C.I.CICILY, AGED 50 YEARS, W/O. SIMON.C.L. RESIDING AT CHANDY HOUSE, ATTORE, KUTTOOR.P.O., THRISSUR DISTRICT. 3. SIJO GEORGE, S/O. GEORGE, AGED 35 YEARS RESIDING AT CHANDY HOUSE, ATTORE, KUTTOOR.P.O., THRISSUR DISTRICT. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): --------------- CICILY KURIAN, AGED 66 YEARS, W/O. LATE C.L.KURIAN, RESIDING AT CHANDY HOUSE, ATTORE, KUTTOOR.P.O., THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------------- WP (C) No. 21100 of 2010 ------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T ........................... Petitioners are defendants in O.S No. 685/06 of the Court of learned Sub Judge, Thrissur. Respondent/plaintiff filed that suit for dissolution of partnership and settlement of accounts. According to the petitioners official Receiver was appointed ex-parte as Receiver and he took possession of the stock in trade of partnership which is dealing in Ayurvedic raw materials and which included perishable articles well. Petitioners were set ex-parte on 05.04.2010. Petitioners filed application to set aside the ex-parte order. Petitioners approached this Court in WP(C) No.17392/10 for early disposal of the application and this Court disposed that writ petition vide judgment dated 04.06.2010, directing learned Sub Judge to dispose of Exhibit P4 (Exhibit P7 in that writ petition) as expeditiously as possible. Learned 2 WP (C) No. 21100 of 2010 counsel states that a copy of order was handed over to the Chief Ministerial Officer on the succeeding day but, Exhibit P4 application was not disposed expeditiously. Accordingly, this writ petition is filed, seeking a direction to the learned Sub Judge to issue a copy of order on IA No. 3880/06 within a time limit to be prescribed by this Court and, to restore possession of business to the petitioners and permit them to run the business. 2. Since, it was reported that judgment of this Court in WP(C) 17392/10 was not complied, I called for a report from learned Sub Judge. Learned Sub Judge reported that the order in WP(C) 17389/10 was not communicated to him and that the counsel for the party also did not make any submission about the said order. On 07.07.2010 a telephonic message was received from this Court and immediately thereon Exhibit P4 application was advanced suo motu to that day and posted to 8.7.10 for hearing. It is also reported that after hearing counsel on both sides Exhibit P4 application was disposed of, on the 3 WP (C) No. 21100 of 2010 same day at 3 p.m. Learned counsel for the petitioner states that Exhibit P4 application to set aside ex-parte order is dismissed by the learned Sub Judge and today the case is posted for recording ex-parte evidence of respondents. He requests that a direction may be given to the learned Sub Judge to issue carbon copy of order on Exhibit P4, application and I.A.No.3880/06 immediately. 3. Having regard to the facts and circumstances of the case and in order to give petitioner opportunity to challenge the impugned orders passed against him, it is necessary that the recording of ex-parte evidence of respondent is kept in abeyance for sometime. Petitioner shall also be issued a carbon copy of the orders on Exhibit P4 application and IA 3880/06 at the earliest. Resultantly this writ petition is disposed of in the following line:- 1. Learned Sub Judge is directed to issue certified/carbon copy of orders on Exhibit P4, application and IA 3880/06 in OS No.685/06 at 4 WP (C) No. 21100 of 2010 the earliest, at any rate within a week from the date of receipt of a copy of this judgment to the petitioner in case such copy has been applied for as provided under law. 2. Learned Sub Judge is directed to keep in abeyance recording of ex-parte evidence in the suit for a period of two weeks from this day. 3. The Registry shall communicate the gist of this Judgment to the learned Sub Judge forthwith. THOMAS P. JOSEPH, JUDGE. rkc