IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 7362 of 2009(O) ----------------------------------- OS.591/2006 of PRL.M.C.KOZHIKODE-I .................... PETITIONER(S): DEFENDANT ------------------------------------------ T.PANKAJAVALLI AMMA, D/O.GOVINDAN NAIR, KURUKKAYIL HOUSE, PUTHIYANGADI AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): PLAINTIFF ----------------------------------------- M.K.UNNIKRISHNAN, S/O.JANAKI AMMA, MULAMVALLY, KEEZHALATH, EDAKKAD AMSOM, DESOM, KOZHIKODE. ADV. SRI.K.M.SATHYANATHA MENON FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 7362 OF 2009: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE PLAINT IN THE SAID SUIT O.S.NO. 591 OF 2006. EXT.P2.TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.591 OF 2006. EXT.P3.TRUE COPY OF THE WORK MEMO DATED 10.8.2006 SUBMITTD BY THE PETITIONER BEFORE THE COMMISSIONER. EXT.P4.TRUE COPY OF THE COMMISSION REPORT DATED 16.8.2006 IN OS NO.591 OF 2006. EXT.P5. TRUE COPY OF THE APPLICATION AND AFFIDAVIT DATED 30.10.2006 FILED BY THE PETITIONER IN SUPPORT OF THE APPLICATION I.A.5024 OF 2006. EXT.P6.TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF I.A.NO.5525 OF 2006 DATED 22.11.2006. EXT.P7. TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER'S HUSBAND DATED 18.11.2008 EVIDENCING THE RETIREMENT DATED OF THE PETITIONER'S HUSBAND. EXT.P8.TRUE COPY OF THE APPLICATION DATED 4.3.2009 ALONG WITH AFFIDAVIT IA NO. 1076 OF 2009. K.M.JOSEPH ------------------------------------------------------ W.P.(C) No.7362 of 2009 ---------------------------------------------- Dated, this the 11th day of August, 2010 J U D G M E N T This writ petition is filed seeking the following reliefs: “i). to call for the records leading to Exhibits P4, P5, P6 and P7 in O.S.No.591 of 2006 on the files of the Hon'ble Principal Munsiff-I, Kozhikode and to direct that Court to consider and dispose of Exhibit P8 application, IA No.1076 of 2009, as expeditiously as possible at any rate before the trial of the suit. ii). to direct Hon'ble Principal Munsiff-I Kozhikode to keep in abeyance the trial in O.S.No.591 of 2006 pending disposal of Exhibit P8 application.” 2. Learned counsel for the petitioner points out that the suit itself was dismissed for default and it was restored on condition that the plaintiff will pay Rs.600/- and it was not paid. The plaintiff carried the matter in appeal by way of C.M.A. before the appellate Court and the matter is pending. Learned counsel would submit that no orders are necessary in this writ petition in view of the developments. In the light of the developments no orders are necessary in this writ petition and it is accordingly closed. (K.M.JOSEPH) JUDGE. MS