IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No.804 of 2009 (U) ------------------------------- OS.36/2006 of SUB COURT,KOCHI .................... PETITIONER: --------------- KANDAKADAVU PADASEKHARAM, REP. BY ITS PRESIDENT, KUMBALANGHI, KOCHI - 7 BY ADV. SRI.DINESH R.SHENOY RESPONDENT: ---------------- JOHN CHRISTOPHER, S/O ABRAHAM, KURISHINGAL HOUSE, ANDIKKADAVU MURI, KANDAKADAVU, KOCHI- 7 ADV. SRI.K.C.CHARLES SRI.K.SANEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.804 of 2009 ------------------------------------------------ Dated this the 8th day of January, 2009 JUDGMENT Heard both sides. 2. The grievance of the petitioner who is the 2nd defendant in O.S.36/06 on the file of the Sub Court, Kochi is that a person who was the President of the Padasekharam who was sought to be examined on behalf of the second defendant/Padasekharam was disallowed to be examined by the court below and that the case is posted for hearing closing the evidence to 12/01/09. The respondent who has entered appearance through Advocate Sri.K.C.Charles submits that the only objection of the respondent is that the prior President has no locus standi to be examined for and on behalf of the petitioner/Padasekharam and that they have no objection in the petitioner/second defendant examining him as a witness. W. P. C. No.804 of 2009 -2- 3. In the result, I allow the person who is sought to be got examined for and on behalf of the petitioner/second defendant vide I.A.2138/08, to be examined as a witness though obviously he cannot be examined for and on behalf of the petitioner as representing the petitioner/2nd defendant Padasekharam. 4. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-