IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 2009 of 2007(L) ------------------------- OS.324/2004 of III ADDL.SUB COURT, KOZHIKODE .................... PETITIONER(S): --------------- CHEMBAN ALIKUTTY, S/O.POCKER HAJI, KANATHIL HOUSE, P.O.PARAMBIL PEEDIKA, VIA PADIKKAL, OLAKKARA AMSOM, KUMMANNA DESOM, TIRUR TALUK, MALAPURAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT(S): --------------- KANHIRAPARAMBAN MOIDEENKUTTY, S/O.KANHIRAMPARAMBAN AHAMMED, SUHARAS, NADUVATTOM AMSOM DESOM, KOZHIKODE. ADV. SRI.V.V.SURENDRAN FOR R.1 SRI.P.A.HARISH FOR R.1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: 1. EXT.P1 : TRUE COPY OF ORDER DATED 13.12.2006 IN O.S NO. 324/2006 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT,KOZHIKODE. 2. EXT.P2 : TRUE COPY OF ORDER DATED 3.1.2007 IN O.S NO.324/2004 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, KOZHIKODE. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE S.S.SATHEESACHANDRAN, J ------------------------------------- W.P.(C)No.2009 OF 2007 -------------------------------- Dated this the 7th day of April 2010 JUDGMENT Writ petition is filed by the defendant in O.S No. 324 of 2004 on the file of Sub Court, Kozhikode. The learned Sub Judge taking exception to the conduct of the defendant in the production of some documents during the trial of the above case has ordered for payment of a sum of Rs.500/- by the defendants to the District Legal Services Authority. Some observations are also seen made in the order that the petitioners/defendants had wasted precious time of the court on several posting dates of the case. At the time of hearing it is submitted that the above suit in which Ext.P2 order had been passed had already been disposed of after trial. When that be so, the writ petition itself has become infructuous. However, having regard to the fact that cost was imposed as penalty for payment to the Legal Services Authority which is not a party to the proceedings, I find, the order passed by the learned Sub Judge directing the payment of a sum of Rs.500/- to that authority cannot be sustained. Direction so passed in the above order shall stand vacated. Subject to the above direction, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN //TRUE COPY// JUDGE vdv P.A TO JUDGE