IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 26895 of 2009(O) ----------------------------------- OS.150/2008 of ADDL.SUB COURT, IRINJALAKUDA ............................................. PETITIONER(S): --------------------- GEORGE, S/O.MALIYEKKAL ANTONY, KOTTAPPURAM METHALA VILLAGE, KODUNGALLUR TALUK, REP. BY HIS POWER OF ATTORNEY M.A. JOSEY, S/O. ANTONY, MALIAKKAL HOUSE, KOTTAPPURAM P.O., ANAPUZHA-67. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.P.RAJEEV KUMAR RESPONDENT(S): ----------------------- P. DILEEP. S/O. PUTHUVATH RAMAN NAIR, METHALA VILLAGE, KODUNGALLUR TALUK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26895/2009 APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE I.A 123/2009 FILLED BY THE PETITIONER UNDER ORDER XIII RULE 9 OF CPC TO RETURN THE ORIGINALS OF EXTS. A6, A7 AND A8. EXT. P2. COPY OF THE ORDER DATED 8/09/2009 IN R.A 123/2009 IN OS 150/2009. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.26895 OF 2009 (O) ----------------------------------- Dated this the 10th day of November, 2009 J U D G M E N T Petitioner is the plaintiff in O.S.No.150 of 2008 on the file of the Additional Sub Court, Irinjalakuda. Suit was one for specific performance of an agreement of sale with an alternative relief for refund of the advance. Suit was decreed in part allowing only the refund of the advance amount. In the suit, petitioner/plaintiff had produced three F.D. receipts to show his financial capacity for completing the contract of sale. Those F.D. receipts were exhibited as Exts.A6, A7 and A8 in evidence. After disposal of the suit, plaintiff applied for return of those receipts, and the defendant had endorsed 'no objection' on that application. However, the court below passed an order for return of the documents on receipt, but, only on expiry of the appeal period. Ext.P2 is that order. Admittedly the appeal period to challenge the decree passed in the suit on 28.8.2009 is not over. Petitioner has WPC.26895/09 2 approached this Court for modification of Ext.P2 order invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. Though notice has been issued to the respondent and service effected by giving notice to his counsel appearing before the court, as directed by this Court, he has not entered appearance. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the court below to release the F.D receipts Exts.A6, A7 and A8 to the petitioner, on production and retaining of certified copies or photo copies duly authenticated, on execution of a receipt. Writ petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp