IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 28131 of 2009(O) -------------------------- OS.610/2008 of II ADDL.SUB COURT,ERNAKULAM .................... PETITIONERS: ------------------- 1. A.D.VARGHESE, S/O.DEVASSY, AZEPPARAMBIL HOUSE, VADUTHALA, ERNAKULAM. 2. MARY VARGHESE, W/O.A.D.VARGHESE, AZEPPARAMBIL HOUSE, VADUTHALA, ERNAKULAM. BY ADV. MR.K.R.VINOD RESPONDENTS: -------------------- 1. V.V.GOPI, S/O.VELU, VELIKKAKATHU HOUSE, VADUTHALA. 2. V.V.PADMANABHAN, S/O.VELU, VELIKKAKATHU HOUSE, VADUTHALA. 3. V.V.SREEDHARAN, S/O.VELU, VELIKKAKATHU HOUSE, VADUTHALA. 4. DEVAYANI, VELIKKAKATHU HOUSE, VADUTHALA. 5. SIVADASAN, S/O.KRISHNAN, VELIKKAKATHU HOUSE, VADUTHALA. 6. BEENA, W/O.GOPI, VELIKKAKATHU HOUSE, VADUTHALA. 7. CHANDNI, W/O.SIDHARTHAN, VELIKKAKATHU HOUSE, VADUTHALA. 8. RAGHINI, VELIKKAKATHU HOUSE, VADUTHALA. 9. REMESH, VELIKKAKATHU HOUSE, VADUTHALA. 10. REMYA, W/O.SIDHARTHAN, VELIKKAKATHU HOUSE, VADUTHALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.28131 of 2009 - O --------------------------------- Dated this the 8th day of October, 2009 J U D G M E N T The writ petition is filed seeking the following relief: “To direct the learned 2nd Additional Sub Judge, Ernakulam to issue the carbon copy of the order in I.A.No.6363/2009 dated 26.9.2009 with immediate effect to enable the petitioner to challenge the same before the Honourable Court.” 2. Petitioners are the defendants 10 and 11 in O.S.No.610 of 2008 on the file of the Sub Court, Ernakulam. An application moved by these petitioners for amendment of the written statement setting forth a counter claim, after hearing both sides, was disallowed by the court below. The writ petition has been filed seeking for issue of direction to the court below for issuing of copy of the order passed on the application moved for amendment of the written statement setting forth a counter claim and also for staying further proceedings of the suit which is listed for trail on 9.10.2009. 3. I heard the counsel for the petitioners. Having regard to the submissions made and the facts and circumstances presented I find no notice to the respondents is necessary and it is dispensed with. W.P.(C).No.28131 of 2009 - O 2 4. So far as the direction to be issued to the court below for issue of the order passed disallowing Ext.P3 application, I find the request has to be granted. The learned Sub Judge is directed to issue copy of the order passed on Ext.P3 application, if applied for, within a period of one week from the date of receipt of a copy of this judgment. But, with respect of the main relief canvassed in the writ petition, having regard to the interdiction covered by proviso to Order VI Rule 17 of the Code of Civil Procedure, I find it is not be proper and appropriate for this Court, at this stage, to hold that the exercise of discretion by the court below in disallowing Ext.P3 application suffers from any jurisdictional infirmity. So much so, the relief so canvassed by the petitioners for interference with the order of the court below cannot be granted. Writ petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-