IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4791 of 2008(U) ------------------------- I.A.No.489/2008 IN O.S.NO.51/2006 OF MUNSIFF COURT, CHAVAKKAD PETITIONER: ------------ MUHAMMADUNNI, S/O. THERUVATH VEETTIL PATTATH KUNHIMOIDU, AGED 66 YEARS, MARUTHAYOOR, PAVARATTY,THRISSUR DT. BY ADV. SRI.K.RAMACHANDRAN RESPONDENTS: --------------------- 1. HASSAN, S/O. KARUVATH ABDU HAJI, VETTATH AMSOM, DESOM, PERINTALMANNA TALUK, MALAPPURAM DISTRICT. 2. UMAIBA HASSAN, W/O. HASSAN, KARUVATH HOUSE, VETTATH AMSOM, DESOM, PERINTALMANNA TALUK, MALAPPURAM DISTRICT. 3. ABOOBACKER, S/O. THERUVATH VEETTIL PATTATH BAVA, MARUTHAYOOR, PAVARATTY, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.4791 OF 2008 -------------------------- Dated this the 11th day of February, 2008 J U D G M E N T This writ petition is filed against the order of the Munsiff Court, Chavakkad in I.A.No.489/2008 in O.S.No.51/2006. It was returned on the ground that the decree copy is not produced. The perusal of the record would show that the case was listed on 1.2.2008 and there was an application for adjournment on the same day which was dismissed and immediately thereafter on 2.2.2008 an application for restoration is filed and it is that application which is returned with an endorsement that decree copy is not produced and seven days time is also granted. I feel the approach of the learned Munsiff is too technical and in any case of this nature petitioner requires lenient consideration. Therefore, I direct the Munsiff to receive the application without insisting for a copy of the decree as the entire record is available with the court itself and thereafter give notice to the other side and dispose of the matter in W.P.(C)No.4791/2008 2 accordance with law. If possible, the learned Munsiff may dispose of the petition within a period of three weeks. The writ petition is disposed of accordingly. (M.N.KRISHNAN, JUDGE) ps