IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 OP(C).No. 3655 of 2011(O) ------------------------- OS.273/2008 of MUNSIFF COURT, CHALAKUDY .................... PETITIONER: --------------------- M.G.VINODHAN, AGED 40 YEARS, S/O.GOPALAN, MADATHIPARAMBIL HOUSE, MECHIRA DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): ---------------------------- ANITHA SURESH, W/O.MANAPARAMBIL SURESH, MECHIRA DESOM, KODASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 303. BY ADVS. SRI.SHEEJO CHACKO, SRI.SANGEETH C. SUBRAMANIAN. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3655/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT O.S.NO.273/2008 FILED BEFORE THE MUNSIFF COURT, CHALAKUDY. P2: COPY OF THE WITNESS LIST IN O.S.NO.273/2008 OF THE MUNSIFF COURT, CHALAKUDY. P3: COPY OF I.A.NO.1148/2011 IN O.S.NO.273/2008 OF THE MUNSIFF COURT, CHALAKUDY. P4: COPY OF THE JUDGMENT IN OP(CVL.)NO.2077/2011 DTD. 08/07/2011. P5: COPY OF THE PROCEEDINGS OF THE MUNSIFF COURT CHALAKUDY DTD. 27/10/2011. P6: COPY OF I.A.NO.2092/2011 IN OS.NO.232/2008 OF THE MUNSIFF COURT, CHALAKUDY. RESPONDENT'S EXHIBITS: R1(A): COPY OF I.A.1261/2011 IN O.S.273/2008 ON THE FILES OF THE HON'BLE MUNSIFF COURT AT CHALAKUDY. R1(B): COPY OF PETITION TO SET ASIDE EXPARTE ORDER DTD. 8/09/2009 IN O.S.NO.273/2008. R1(C): COPY OF I.A.1238/2009 FILED FOR RESTORATION OF PETITION TO SET ASIDE EXPARTE ORDER DTD. 29/09/2009. R1(D): COPY OF WITNESS LIST DTD. 31/07/2011. R1(E): COPY OF I.A.1239/2011 IN O.S.273/2008. R1(F): COPY OF I.A.1214/2011 DTD. 29/06/2011. R1(G): GOPY OF I.A.1214/STATEMENT DTD. 22/07/2011 FILED BY PETITIONER. R1(H): COPY OF WRITTEN STATEMENT OF O.S.273/2008 FILED BY THE PETITIONER. R1(I): COPY OF I.A.214/2011 IN O.S.47/2011 ON THE FILES HON'BLE MUNSIFF COURT, CHALAKUDY. R1(J): COPY OF THE ORDER IN REVIEW PETITION 634/2011 DTD. 1/06/2011. /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3655 of 2011 -------------------------------------- Dated this the 14th day of November, 2011. JUDGMENT The defendant in O.S.No.273 of 2008 of the court of learned Munsiff, Chalakkudy seeks a direction for disposal of Ext.P6, application before the suit is finally heard and disposed of. Respondent filed the suit for injunction to restrain petitioner running a quarry. In the course of trial, Ext.B10 was marked subject to proof. Evidence was closed and the matter was posted for hearing. At that stage petitioner filed Ext.P6, application to re-open the case for evidence to examine the Managing Director of Kerala State Mineral Development Corporation to prove Ext.B10 (which was marked subject to proof). Grievance of petitioner in this proceeding is that the said application has not been disposed of so far. 2. Learned counsel for respondent submits that respondent has no objection in Ext.B10 being marked on consent. It is also submitted that respondent has no objection in learned Munsiff referring to the contents of Ext.B10 which is not disputed by the respondent. 3. In the light of that submission of the learned counsel it is not necessary to examine the Managing Director above referred as a witness to prove Ext.B10. OP(C)No.3655/2011 2 4. Respondent can file affidavit before the learned Munsiff stating that Ext.B10 could be marked on consent and that respondent is not disputing its contents. On that affidavit being filed learned Munsiff shall mark Ext.B10 on consent. 5. In view of the above, a direction for disposal of Ext.P6, application is not required. Original Petition is disposed of with the above directions. THOMAS P.JOSEPH, Judge. cks