IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 23048 of 2010(O) -------------------------- OS.63/2010 OF MUNSIFF'S COURT, PARAPPANANGADI .................... PETITIONER ------------------- MUTHU, S/O. NEELANGATH MOOSA, AGED 62 YEARS, CHERUMUKKU POST, NANNAMBRA, TIRURANGADI, MALAPPURAM DISTRICT. BY ADVS. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY RESPONDENT(S): ----------------------- ABDURAHIMAN KUTTY, S/O. NEELANGATH MOOSA POST CHERUMUKKU - 676306, NANNAMBRA, TIRURANGADI, MALAPPURAM DISTRICT. BY ADVS. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23048 of 2010(O) ------------------------------------- ORDER ON IA.4290/2011 IN WP(C) 23048/2010 DISMISSED 15.03.2011 Sd/- P.BHAVADASAN , JUDGE / TRUE COPY / WP(C).No. 23048 of 2010(O) ----------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS -------------------------------------- EXT.P1. COPY OF PLAINT IN O.S. NO.63 OF 2010 DATED 4.3.2010 FILED BY THE RESPONDENT BEFORE THE MUNSIFF'S COURT PARAPPANANGADI. EXT.P2. COPY OF WRITTEN STATEMENT DATED 15.5.2010 I OS. NO.63 OF 2010 O FILED BY THE PEITITIOER BEFORE THE MUNSIFF'S COURT, PARAPPANANGADI. EXT.P3. COPY OF IA. NO.991/2010 FILED BY THE RESPONDENT IN O.S. NO63/2010 BEFORE THE MUSIFF'S COURT, PARAPPANANGADI AND THE DOCKET ORDER DATED 9.7.2010 PASSED BY MUNSIFF'S COURT, PARAPPANANGADI. EXT.P4. COPY OF IA. NO.992/2010 FILED BY THE RESPODENT IN OS. N.63/2010 BEFORE THE MUNSIFF'S COURT, PARAPPANANGADI AND THE DOCKET ORDER DATED 9.7.2010 PASSED BY MUSIFF'S COURT, PARAPPANANGADI. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.BHAVADASAN, J. ---------------------------- W.P.(C).No. 23048 of 2010 --------------------------------- Dated this the 15th day of March, 2011 JUDGMENT In this Writ Petition filed under Article 227 of the Constitution of India, petitioner seeks to challenge Exts.P3 and P4 order dated 09.07.2010 passed in I.A.Nos.991/2010 and 992/2010 in O.S.No.6/2010 on the file of the Munsiff's Court, Parappanangadi. 2. The writ petitioner is the defendant in O.S.No.63/2010 to the suit for injunction. The copy of the written statement produced by the petitioner is marked as Ext.P2. The respondent/plaintiff also filed I.A.No.615/2010 for a temporary injunction and the petitioner had also filed counter statement. 3. The definite case of the petitioner in Ext.P2 written statement is that the suit itself is not maintainable and there is absolutely no cause of action for instituting the suit. While so, the respondent filed I.A.No.991/2010 to implead additional second respondent and another application as I.A.No.992/2010 to amend the plaint. Those two applications were filed on 20.05.2010 and it was posted for filing counter affidavit to 09.07.2010. It is pointed out that on 09.07.2010 the petitioner's counsel could not attend the court due to unavoidable personal problem and another advocate appeared on his behalf and W.P.(C).No. 23048 of 2010 2 sought two days time to file counter affidavit in both the applications and requested to post the case to 12.07.2010. But the court below by order dated 09.07.2010 allowed both the applications in a single line order. He seeks an opportunity to be heard. 4. The counsel for the respondent stoutly opposed the prayer. 5. On going through the records and after hearing the counsel on either side, it is felt that an opportunity ought to have been given to the petitioner to file the objection and we heard considering the nature of petition filed. Moreover, the orders are non speaking orders. Hence, Exts.P3 and P4 orders are set aside and the trial court is directed to dispose them of afresh after giving an opportunity to the petitioner to be heard and to file counter affidavit. P.BHAVADASAN, JUDGE. ln