IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).NO. 25626 OF 2010(O) ---------------------------------------- AGAINST THE ORDER IN IA.5156/2010 IN OS.629/2008 OF I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER(S): ----------------------- 1. JACOB ABRAHAM AGED 47 YEARS, S/O. ABRAHAM RESIDING AT ROSE VILLA ALAPPAT CROSS ROAD, KOCHI. 2. JUJU JACOB, AGED 44 YEARS, S/O. ABRAHAM, RESIDING AT ROSE VILLA, ALAPPAT CROSS ROAD, KOCHI. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR RESPONDENT(S): -------------------------- ANTONY JOSEPH, S/O.VARKEY JOSEPH, KOLUTHARA HOUSE, MANAPURAM P.O, THAIKKATTUSSERY, CHERTHALA, PIN – 658 526. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P(C) No.25626 of 2010 -------------------------------------- Dated this the 13th day of August, 2010. JUDGMENT Notice to respondent is dispensed with in view of the order I proposed to pass in this Writ Petition. 2. Petitioners are defendants in O.S.No.629 of 2008 and petitioners in I.A.No.5156 of 2010 of the court of learned Sub Judge, Ernakulam. Respondent filed the suit for recovery of money. Petitioners contended that there was a settlement between parties as per which respondent received Rupees two lakhs in full and final settlement of all his claims. According to the petitioners, respondent has admitted receipt of Rupees one lakh as per a crossed cheque but he denied receipt of Rupees one lakh as per Exts.X1 and X2, cash cheques which were summoned from the drawee bank. He also denied any such settlement as pleaded by petitioners. Since respondent denied encashing of Exts.X1 and X2, cheques petitioners filed I.A.No.5156 of 2010 to send the said cheques to the expert for opinion along with the admitted handwriting/signature of the respondent. That application was dismissed by the learned Sub Judge as per order dated 04.08.2010. Immediately thereon petitioners filed application for a copy of the said order vide C.A.No.3227 of 2010 but they are yet to receive a copy of the said order. In the meantime the case stood posted for hearing today. W.P(C) No.25626 of 2010 2 Apprehension of the petitioners is that before they challenged the order on I.A.No.5156 of 2010 if the suit is disposed of they will be put to irreparable loss and injury. Hence this Writ Petition seeking a direction to the learned Sub Judge to issue a copy of order dated 04.08.2010 on I.A.No.5156 of 2010 and in the meantime to keep in abeyance disposal of O.S.No.629 of 2008. 3. Having regard to the facts and circumstances of the case I consider it only just and proper to direct learned Sub Judge to issue a copy of order dated 04.08.2010 on I.A.No.5156 of 2010 (as prayed for vide C.A.No.3227 of 2010) as early as possible. I also direct that disposal of O.S.No.629 of 2008 will stand in abeyance upto a period of five (5) working days after the date notified for delivery of copy of order on I.A.No.5156 of 2010. Writ Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks