IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 OP(C).No. 710 of 2011(O) ------------------------ OS.186/2009 of ADDL.SUB COURT, THALASSERY .............. PETITIONER : -------------------- P.ASHOKAN, S/O.KUNHAMBU AGED 50 YEARS, SENIOR CLERK, KANNUR DISTRICT CO-OPERATIVE BANK LTD., POLA HOUSE, NEW ARAYALA TEMPLE KANNUR BY ADVS. SRI.U.BALAGANGADHARAN SRI.G.GIREESH RESPONDENT : ---------------------- V.P.JYOLSNA, D/O.POK NAIR, AGED 60 YEARS, ADVAOCATE RESIDING AT CHANDINI SADAN, KAKKAD KANNUR, PIN-676306 BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(C).No. 710 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PLAINT FILED BY THE PEITIONER IN OS 186/09 DATED 16.5.2009. EXT.P2 : COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER ON 10/11/2009. EXT.P3 : COPY OF THE WRITTEN COPY OF DEPOSITION OF PW1 DATED 13.8.2010. EXT.P4 : COPY OF THE APPLICATION FILED UNDER SECTION 151 OF CPC DATED 8.10.2010. EXT.P5 : COPY OF APPLICATION SUBMITTED UNDER SECTION 151 OF CPC DATED 5.2.2011. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT. EXT.R1(b) : COPY OF THE PROOF AFFIDAVIT IN LIEU OF CHIEF EXAMINATION GIVEN BY THE PETITIONER IN THE SUIT. EXT.R1(c) : COPY OF THE ORDER IN C.C. 373 OF 2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. I KANNUR. //TRUE COPY// P.S. TO JUDGE Mn P.BHAVADASAN, J. ---------------------------- O.P.No. 710 of 2011 --------------------------------- Dated this the 18th day of March, 2011 JUDGMENT The limited prayer in this Original Petition is for a direction to the Additional Sub court, Thalassery to dispose of Ext.P4 petition. 2. The petitioner is the defendant in a suit for money based on a cheque. The defendant denied the entries in the cheque and wanted the matter to be send for expert opinion and so he filed Ext.P4 application. Therefore, he prayed that there may be a direction to the Additional Sub Court, Thalassery to dispose of Ext.P4 petition before disposing of the suit. 3. The learned counsel for the respondent pointed out that the evidence is over and it was thereafter the prayer was not made. 4. Whatever that be an application has been filed by the petitioner herein seeking to have cheque sent for expert opinion. The prayer made that it may be disposed of is just and reasonable. There will therefore be a direction to the Additional Sub Court, Thalassery to take up Ext.P4 petition said to have been filed by the petitioner, as early as possible and dispose of in accordance with law before disposing of the suit. P.BHAVADASAN, JUDGE. ln