IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No.34833 of 2008 (V) ---------------------------------- OS.604/2004 of ADDL.M.C-I,KOZHIKODE . .................... PETITIONER: --------------- KALATHINGAL JAYARAJAN, AGED 53 YEARS, S/O.LATE VASU, KALLADITHARAPARAMBA, NEAR-MUTHAPPANKAVU, KALATHINKUNNU AMSOM, KALATHINKUNNU DESOM, ERANHIPALAM POST, KOZHIKODE-6. BY ADV. SRI.K.P.RAMACHANDRAN SRI.K.SABU RESPONDENTS: ------------------ 1. THE HONOURABLE ADDITONAL MUNSIFF'S COURT, KOZHIKODE. 2. KALATHINGAL DHARMARAJAN, AGED 55 YEARS, S/O.LATE VASU VAISAKH, THAZHE PALAKANDY HOUSE, VALAYANADU, POST-NELLIKODE, KOZHIKODE. 3. KALATHINGAL SREEMATHI, AGED 76 YEARS, W/O.LATE VASU, MYTHRIVRIDHA SADANAM, KASABA AMSOM, KASBA DESOM, POST-CHALAPPURAM, KOZHIKODE-2. 4. KANAKKANAMKANDI SIVADASAN, AGED 62 YEARS, S/O.PAYANANDI, KANNANCHALIL HOUSE, KOOTTOOLI AMSOM, KOTTOOLI DESOM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34833 of 2008 ------------------------------------------------ Dated this the 26th day of November, 2008 JUDGMENT Heard the counsel for the petitioner. In view of the nature of order that I propose to make in this Writ Petition, there is no necessity to order notice being issued to the respondents. I have carefully gone through the averments in the Writ Petition and the submissions made by counsel for the petitioner and I am of the view that the petitioner has to be given some breathing time to get copies of records and to advance his contentions in the final decree proceedings in O.S.604/04. 2. In the result, I adjourn the final decree proceedings in O.S.604/04 for a period of one month from today. In the meanwhile, the petitioner may get copies of records and reconstruct his case file and advance his contentions in the final decree proceedings W. P. C. No.34833 of 2008 -2- that is pending in the court below. 3. This Writ Petition is disposed of with the above directions. The petitioner is directed to produce a copy of this judgment forthwith before the court where the final decree proceedings in the concerned suit are pending. 4. Issue copy to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-