IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 35574 of 2007(S) -------------------------- PETITIONER(S): --------------- RAMACHANDRAN, S/O.KUNJAN NAIR, AMBATTU HOUSE, MELEDATH LANE, CHEMBUKAVU, THRISSUR TALUK. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. AMMUKUTTY AMMA, W/O.LATE KUNJAN NAIR, AMBATTU HOUSE, CHEMBUKAVU, THRISSUR. 2. SANTHA, AMBATTU HOUSE, CHEMBUKKAVU, THRISSUR. 3. NIRMALA DEVI, W/O.HARIDAS, AMBATTU HOUSE, CHEMBUKAVU, THRISSUR. ADV. SRI.M.K.DILEEP KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35574 of 2007(S) APPENDIX PETITIONER'S EXHIBITS - P1 - TRUE COPY OF THE SETTLEMENT DEED DATED 5.5.1986. P2 - TRUE COPY OF THE PLAINT IN OS 1050/2006. P3 - TRUE COPY OF THE PLAIT IN OS 1309/06. P4 - TRUE COPY OF WRITTEN STATMENT FILED BY THE PETITIONER IN OS 1309/06. P5- TRUE COPY OF THE PETITION FILED BY R1 AND R2 BEFORE THE FAMILY COURT, THRISSUR. P6 - TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN OP 1432/05. P7 - TRUE COPY OF IA 4158/07 DATED 15.10.2007. P8 - TRUE COPY OF ORDER IN IA 4158/07 DATED 15.10.2007. P.R. RAMAN & P.S. GOPINATHAN, JJ. ----------------------------------- W.P.(C) NO.35574 of 2007 ----------------------------------- DATED:MARCH 16, 2009. JUDGMENT Raman, J. Ext.P8 is under challenge. Though IA No.4158/2007 was filed by the petitioners therein seeking their examination in a representative capacity on behalf of the daughter, the court has allowed the petitioners to be examined only as witnesses. As such the apprehension expressed that the evidence given by the petitioners cannot be substituted as that of the daughter need not be gone into at this stage since, as already pointed out, the court has allowed only for the examination of the petitioners as witnesses. In such circumstances we do not find any merit in this writ petition. The writ petition is dismissed. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-