IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 28720 of 2010(O) ------------------------------------- OS.365/2008 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): --------------- 1. PRAVEEN ,S/O.GOPINATHA PILLAI MADHAVA MANDIRAM,KALARI MURI, PANMANA VILLAGE, KARUNAGAPPALLY,KOLLAM. 2. DEEPA, W/O.PRAVEEN, MADHAVA MANDIRAM KALARI MURI, PANMANA VILLAGE, KARUNAGAPPALLY,KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): -------------------------- G.HARI, S/O.GOPINATHA PILLAI, MADHAVA MANDIRAM, KALARI MURI, PANMANA VILLAGE, KARUNAGAPPALLY,KOLLAM. ADV. SRI.P.R.PREMACHANDREN SMT.T.S.MAYA (THIYADIL). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28720/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE OS. 365/2008 DTD. 30.5.2008 PENDING BEFORE THE SUB COURT, KOLLAM. P2:- COPY OF THE WITNESS LIST DTD. 7.9.2010. P3:- COPY OF THE IA. NO.3320/10 IN OS. 365/2008 DTD. 8.9.10. P4:- COPY OF THE ORDER DTD. 9.9.10 IN IA. NO.3320/2010 IN OS. 365/2008 PASSED BY THE SUB COURT, KOLLAM. TRUE COPY P.S. TO JUDGE tss THOMAS P.JOSEPH, J. ==================================== W.P(C) No.28720 of 2010 ==================================== Dated this the 09th day of December, 2010 J U D G M E N T Petitioners are the defendants in O.S. No.365 of 2008 of the court of learned Principal Sub Judge, Kollam. That is a suit filed by the respondent for declaration of his title over the suit property and for recovery of possession alleging that he happened to execute a document in the name of petitioner No.2 in respect of 7.50 Ares as security for the said transaction. Petitioners appeared in that case on paper publication and the case was posted for trial in the list. In the meantime petitioners filed O.S. No.24 of 2009 in the court of learned Munsiff, Karunagappally in respect of the same property (as learned counsel for petitioners submits) against respondent for a decree for prohibitory injunction. There was a petition before the learned District Judge for transfer of that suit to the court of learned Sub Judge, Kollam. In the meantime O.S. No.365 of 2008 was posted for trial in the list. Petitioner filed Ext.P2, witness list and Ext.P3, application to receive certain documents filed along with that application. Learned Sub Judge passed Ext.P4, order on September 9, 2010 in the following words: “Rejected as belated.” W.P(C) No.28720 of 2010 -: 2 :- That order is under challenge. It is contended by learned counsel that documents produced by petitioners ought to have been received to prove the case pleaded by petitioners. I have heard learned counsel for respondent also. 2. When the matter came up for admission this Court passed an order on September 16, 2010 directing learned Sub Judge to keep in abeyance the trial of the suit. I am told that the suit is posted in January, 2011. Having regard to the facts and circumstances of the case I consider it proper to give petitioners opportunity to adduce evidence. But admissibility of the documents produced by petitioners will be considered by the court below at the appropriate time. Resultantly petition is allowed. Exhibit P4, order dated September 9, 2010 dismissing I.A. No.3320 of 2010 in O.S. No.365 of 2008 of the court of learned Principal Sub Judge, Kollam is set aside and that application is allowed. Admissibility of the documents produced along with Ext.P3, application shall be decided by the learned Sub Judge at the appropriate time. THOMAS P. JOSEPH, JUDGE. vsv