IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 30598 of 2009(O) -------------------------- OS.2/2001 of SUB COURT, THIRUVALLA .................... PETITIONER(S): -------------------------- ALEX C.JOSEPH, S/O. JOSEPH, CHEKKATTU HOUSE, THADIYOOR P.O., THELLIYOOR MURI, THELLIYOOR VILLAGE, MALLAPPALLY TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER, ABRAHAM C. JOSEPH. BY ADVS. SRI.VIVEK VARGHESE P.J., SRI.P.J.VINOD JOSEPH. RESPONDENT(S): ---------------------------- 1. M/S MANOLOKAM GROUP PUBLISHING CO. (P) LTD., REP. BY T.P. NANDAKUMAR, PUTHIYARA ROAD, KOZHIKODE- 673 004. 2. T.P. NANDAKUMAR, PRINTER AND PUBLISHER, MANOLOKAM GROUP PUBLISHING CO. (P) LTD., PUTHIYARA ROAD, KOZHIKODE-673 004. 3. JACOB MANKUNNIL, EDITOR, CRIME MAGAZINE, MANOLOKAM GROUP PUBLISHING CO. (P) LTD., PUTHIYARA ROAD, KOZHIKODE-673 004. BY ADV. SRI.D.ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30598/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: HANDWRITTEN COPY OF THE ABOVE ORDER DTD. 16/10/09 IN O.S.2/2001 OF SUB JUDGE, THIRUVALLA. P2: COPY OF APPLICATION FOR REVIEW I.A.NO.1419/09 IN O.S.2/2001 OF SUB JUDGE, THIRUVALLA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.BHAVADASAN, J. ------------------------- W.P (C) No. 30598 of 2009 -------------------------- Dated this the 8th July, 2010 J U D G M E N T It is unnecessary to go into the facts of the case as it is the petition can be disposed of on a short ground. 2. Petitioner is the plaintiff in O.S No.2/2001 who is represented by the power of attorney holder. The suit was one for damages. 3. The case was listed to 1.8.2009 and it was adjourned to 14.10.2009. Two compromise petitions were filed but compromise did not materialise. On 16.10.2009 an Advocate Commissioner was appointed to record evidence. Petitioner pointed out that there are altogether 12 witnesses examined by the Advocate Commissioner. The Court had directed the petitioner to pay Rs.1000/- per witness to the Advocate Commissioner. 4. As per Order on 14.10.2009 , the Court had directed the defendant to produce the documents as required by the plaintiff or file appropriate affidavit within three days. Even though the order was not complied with. W.P. (C) No. 30598 of 2009 2 The petitioner had filed I.A No.1419/2009 to review the order appointing commissioner to examine the witnesses. Ext.P2 is the said petition. At present the only grievance of the petitioner is that his review has not been heard. In the result, there will be a direction to the lower court to dispose of the review petition filed by the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. P.BHAVADASAN, JUDGE ma W.P. (C) No. 30598 of 2009 3 W.P. (C) No. 30598 of 2009 4