IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 33312 of 2008(N) --------------------------------------------- ORDER IN IA 5127.2007 IN OS.419/2006 of II ADDL.SUB COURT, KOZHIKODE .................... PETITIONER: P.D.RAVI, S/O.LATE P.K.DAMODHARAN “VYSRAVAM”, KALATHINKUNNU AMSOM DESOM KASABA VILLAGE, KOZHIKODE TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: JAWET FRANCIS, S/O.LATE FRANCIS KURIAPPILLY 33/5646, “REEMOD”, CHEVAYUR AMSOM DESOM, KOZHIKODE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.33312 of 2008 N -------------------------- JUDGMENT Heard counsel for the petitioner. In the nature of the order I propose to make, there is no need to issue notice to the respondent. Hence, notice to the respondent is dispensed with. The II Additional Sub Judge, Kozhikode is directed to frame issue regarding maintainability of the suit as well in case a pleading to that effect is there in the written statement, at least in general terms. This writ petition is disposed of as above. 12th November, 2008 (K.P.Balachandran, Judge) tkv