IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 2248 of 2008(P) ------------------------------------- OS.76/2005 OF III ADDITIONAL MUNSIFF'S COURT,TRIVANDRUM .................... PETITIONER: ------------------- MAHESH CHANDRAN, S/O. SADASIVAN NAIR, AGED 38 YEARS, RESIDING AT TC NO.28/2290, ALAPPURATHU VEEDU, SREEKANTESWARAM WARD, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: ----------------------- 1. VASANTHA KUMARI. L., AGED 63, RESIDING AT TC NO.28/2332, ALAPPURATHU VEEDU, SREEKANTESWARAM WARD, THIRUVANANTHAPURAM. 2. SHYLA KUMARI. V.V., D/O. VASANTHA KUMARI, RESIDING AT TC NO.28/2332, ALAPPURATHU VEEDU, SREEKANTESWARAM WARD, THIRUVANANTHAPURAM. 3. SINDHU KUMARI. V.V., D/O. VASANTHA KUMARI, RESIDING AT TC NO.28/2332, ALAPPURATHU VEEDU, SREEKANTESWARAM WARD, THIRUVANANTHAPURAM. 4. BINDHU KUMARI. V.V.,D/O. VASANTHA KUMARI, RESIDING AT TC NO.28/2332, ALAPPURATH VEEDU, SREEKANTESWARAM WARD, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J --------------------------------------- W.P.(C) No.2248 of 2008 --------------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India by the plaintiff in O.S.No.76 of 2005 of the III Additional Munsiff's Court, Thiruvananthapuram contending that though Ext.P2 petition filed under Order I Rule 10(2) of the Code of Civil Procedure to implead the additional defendants was dismissed by the trial court and a copy application for issuance of carbon copy of the order was filed, it was not granted and the suit is included in the list and therefore, the learned Munsiff is to be directed to issue a carbon copy of the order immediately and also to stay the further proceedings in the suit. 2. Learned counsel appearing for the petitioner submitted that the prayer to stay further proceedings in O.S.No.76 of 2005 is not pressed and the petitioner is now seeking only the first relief sought for. 3. If the petitioner has filed an application for issuance of carbon copy of the order as sought for, the learned Munsiff is directed to issue carbon copy of the order without further delay and in any event within three days from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. M.SASIDHARAN NAMBIAR, JUDGE vns