IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 28131 of 2005(Y) -------------------------- OS.466/2004 of ADDL.MUNSIFF COURT, KANNUR .................... PETITIONER: -------------------- KOYYOTT JAYACHANDRAN (D I E D) S/O.GOVINDAN, GOLDSMITH, `RAMA VILLA', SOUTH BAZAAR, KANNUR-2. *ADDL.P2 IS IMPLEADED: P2. KOYYOTT SATHYANATHAN, S/O.GOVINDAN, AGED 48 YEARS, RESIDING AT RAMA VILLA, SOUTH BAZAR, KANNUR DISTRICT. (*ADDL.P2 IS IMPLEADED AS PER ORDER DTD. 16/01/2008 IN I.A.NO.17186/2006) BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT: ----------------------- RAJESH KAMBRAYATH, S/O.K.P.KUNHIKANNAN, BUSINESS, RESIDING AT THAVAKKARA, KANNUR-2. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28131/2005 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.466/2004 DTD. SEPTEMBER,2004 FILED BY THE PETITIONER BEFORE THE ADDL.MUNSIFF COURT, KANNUR. EXT.P2: COPY OF THE COMMISSION REPORT DTD. 24/09/2004 FILED BY ANILKUMAR, ADVOCATE COMMISSIONER IN O.S.NO.466/2004. EXT.P3: COPY OF THE ORDER DTD. 6/07/2005 IN I.A.NO.1954/2005 IN I.A.2653/04 IN O.S.NO.466/2004 OF THE ADDL.MUNSIFF COURT, KANNUR. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28131 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 16th January, 2008 JUDGMENT Service is not completed in this Writ Petition which has been pending since 2005. Even though successive orders were passed by this court, the petitioner has not been able to serve the respondent with notice. Under challenge in this Writ Petition is an order passed by the learned Munsiff declining the petitioner's application for examining the process server for the purpose of proving that the order of injunction issued by the court had been served on the defendant in the suit through his Power of Attorney Holder. The petitioner passed away during the pendency of this Writ Petition and his brother Koyyott Sathyanathan has filed I.A.No.17186/06 praying that he be substituted as the petitioner in the Writ Petition. Interestingly, the petitioner has not been able to serve the respondent with notice on this application also. It is seen that on 12.12.2006 peremptory orders were passed by this court regarding service of notice. But the fact remains that the respondent has not been served with notice on the I.A. Since the petitioner is no more and Mr.Koyyott Sathyanathan claims to be the legal representative of the petitioner-plaintiff who only seeks impleadment as a party in the suit, I dispose of the Writ W.P.C.No.28131/05 - 2 - Petition directing the petitioner to seek impleadment before the court below in all pending I.As. and the suit. If Sri.Sathyanathan files an application seeking such impleadment within three weeks from today, the court below will issue notice to the respondent, hear the petitioner and the respondent and pass appropriate orders on that application. If the application filed by Sathyanathan is allowed and Sathyanathan is made a party to the suit, Sathyanathan will have the permission to file a fresh application seeking examination of the process server for the purpose of proving that the respondent had been served with the injunction order. srd PIUS C.KURIAKOSE, JUDGE