IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 9601 of 2010(O) -------------------------------------- (OS.NO.275/2007 OF THE SUB COURT-I,NORTH PARAVUR) .................... PETITIONER: ------------------- S.VISHWANATHAN,S/O.V.R.SHIVARAMAKRISHNAN, AGED 51 YEARS,PROPRIETER,R.S.COMBINES,6/31, PALACE ROAD, ALUVA,ERNAKULAM DISTRICT. BY ADV. MR.SHAJI P.CHALY. RESPONDENT: ---------------------- LESLIE PHILIP,S/O.PHILIP,AGED 49 YEARS, PARTNER,PERIAR INFITECH,CHERAYIRAMBU P.O, MARAMAN,PATHANAMTHITTA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.9601 of 2010-O ------------------------------------- Dated 22nd March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the limited prayer of the petitioner is to direct the Sub Court-I, North Paravur to issue a carbon copy of the order dated 19.03.2010 to the petitioner and also to keep the trial of the suit in abeyance for a reasonable period so as to enable him take further steps in the matter. 2. The petitioner instituted a suit as OS No.275/07 which is a suit for realisation of money. A copy of the plaint in the suit is produced as Ext.P1. The defendant entered appearance and filed Ext.P2 written statement. Thereafter, the suit was listed for trial on 17.02.2010. When the matter was taken up for evidence, the defendant raised a preliminary issue as to the nature of the document. The contention was that the document was WPC 9601/10 2 not an agreement, but a bond. On 19.03.2010, the Court below passed orders on the said issue, holding that the agreement dated 14.01.05 was a bond. The petitioner submits, on the very same day itself, he applied for a carbon copy of the order, but he has not been issued with the same. He would like to take up the matter in further proceedings and therefore, it is absolutely necessary for him to obtain the carbon copy of the order. He also submits that in the meanwhile, if the Court below is proceeding with the trial of the case, he will be put to irreparable injury and loss. He, therefore, prays for a direction to keep in abeyance the trial of the suit till a carbon copy of the order passed by the Court below is issued to him. 3. In the nature of the order that is proposed to be passed in this Writ Petition, it is felt that it is unnecessary to issue notice to the respondent. The prayers made by the petitioner are only reasonable. From the documents produced, it is seen that a proper application was filed by the petitioner within the stipulated WPC 9601/10 3 time to issue carbon copy of the order. Therefore, there will be a direction to the Sub Court-I, North Paravur to issue carbon copy of the order dated 19.03.2010 to the petitioner within one week from the date of receipt of a copy of this Judgment and to keep in abeyance the trial of the suit for another ten days so as to enable the petitioner to take further steps in the matter. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 9601/10 4