IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 OP(C).No. 2960 of 2011(O) -------------------------------------- O.S.NO.22/2009 OF PRINCIPAL SUB COURT, PAYYANUR ------------------ PETITIONER --------------------- K.JAMEELA, D/O.ABOOTY, AGED 46 YEARS, ZAMZAM HOUSE, KOTTAYAM MALABAR, KOTTAYAM ANGADI (P.O), KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.PARTHASARATHY SRI.RAJESH V.NAIR RESPONDENT(S): --------------------------- 1. FOUZIYA KODIYIL, D/O.ABU, NAFFEZA MANZIL, GANDHI NAGAR, ST.JOSEPH'S SCHOOL, PUSHPAGIRI, TALIPARAMBA-670 141. 2. C.K.YUSUF, S/O.MANHU @ MAHIM, KELOTH HOUSE, NEERVELI P.O., KANNUR DISTRICT, PIN 670 701. BY THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.2960/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN O.S.NO.22/09 FILED BEFORE THE SUB COURT, PAYYANOOR. P2 COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT. P3 COPY OF THE I.A.NO.1246/11 IN OS NO.22/09 FILED BY THE PETITIONER BEFORE THE SUB COURT, PAYYANOOR ALONG WITH THE DOCKET ORDER DATED 20/07/11 OF SUB COURT, PAYYANOOR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2960 of 2011 -------------------------------------- Dated this the 29th day of September, 2011. JUDGMENT Petitioner is the plaintiff in O.S.No.22 of 2009 of the court of learned Sub Judge, Payyannoor. That is a suit for recovery of possession of the property and for a declaration that petitioner has not executed assignment deed No.2443 of 1996. Petitioner filed I.ANo.1246 of 2011 to send the disputed document to the expert for opinion. That application was posted for objection on 19.07.2011 and again on 20.07.2011. Learned counsel states that the said application has not so far been disposed of but, the case is listed for trial on 07.10.2011. Hence this Original Petition seeking a direction to the learned Sub Judge to send the document (assignment deed No.2443 of 1996) to the expert for opinion to prove the signature and thumb impression in the document. 2. It is not necessary for me to issue a direction as prayed for. For, it is for the learned Sub Judge to decide how I.A.No.1246 of 2011 is to be disposed of. But, since an application in that regard is filed it is necessary that the application is disposed of before the case is taken up for trial in the list and petitioner is given sufficient time to challenge the order that may be passed on I.A.No.1246 of 2011. OP(C)No.2960/2011 2 Resultantly this Original Petition is disposed of directing the learned Sub Judge, Payyannoor to dispose of I.A.No.1246 of 2011 in O.S.No.22 of 2009 (if the same has not already been disposed of) as early as possible and giving sufficient time to the petitioner to challenge the said application in case she wished to do so. THOMAS P.JOSEPH, Judge. cks