IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 5421 of 2010(O) ------------------------- OS.422/1999 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): --------------- K M GEETHA VIJAY, PARPIDAM 9/5, TENNIS CLUB ENCLAVE, KOWDIAR THIRUVANANTHAPURAM - 14 BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT(S): --------------- 1. K.GOPAKUMARAN, HARISREE, TC 4/223, KURAVANKONAM, KOWDIAR, PO TRIVANDRUM 2. SUDHA, HARISREE, TC 4/223, KURAVANKONAM KOWDIAR PO, THIRUVANANTHAPURAM 3. THE CORPORATION OF THIRUVANANTHAPURAM CORPORATION BUILDIGN, PALAYAM 4. MOHANAKUMAR, RAMAKRISHNA HOME PULIMOODU PO, THIRUVANANTHAPURAM 5. AJAYAN, RAMAKRISHNA HOME PULIMOODU PO THIRUVANANTHAPURAM 6. KALA, RAMAKRISHNA HOME, PULIMOODU THIRUVANANTHAPURAM 7. AMARNATH, RAMAKRISHNA HOME PULIMOODU PO, THIRUVANANTHAPURAM SRI.P K MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- WP(C) No.5421 of 2010-O ------------------------------------- Dated 18th February 2010 Judgment This Petition is filed under Article 227 of the Constitution of India, praying for a writ of mandamus to the Second Additional Sub Court, Thiruvananthapuram to issue carbon copy of the order dated 16.02.2010 in IA No.9622/09 in OS No.422/99 and also to permit her to adduce evidence as per Ext.P5. She also prays for an order of stay of all further proceedings in the above suit till the carbon copy is issued to her. 2. In the nature of the order that is proposed to be passed in this Petition, it is not necessary to send notice to the respondent. The petitioner herein is the plaintiff in the suit. The suit was one for declaration of title, recovery of possession and for consequential reliefs. The petitioner's husband was examined as PW5 in the suit. Though the plaintiff wanted to produce certain documents and filed a petition to receive certain documents, that was dismissed. It is stated that when sought for time to take further proceedings, the learned Judge declined it and directed the Commissioner to complete examination of WPC 5421/10 2 witnesses. Therefore, the petitioner prays for a direction to the Second Additional Sub Court, Thiruvananthapuram to issue the carbon copy of the order dated 16.02.2010 in IA No.9622/09 in OS No.422/99. 3. The prayer made by the petitioner is only just and proper. Accordingly, the Second Additional Sub Court, Thiruvananthapuram is directed to issue carbon copy of the documents sought for by the petitioner within one week from today. The trial of the suit shall be kept in abeyance for one week from today. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE (issue copy urgently) sta WPC 5421/10 3