IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 OP(C).NO. 2460 OF 2011(O) -------------------------------------- AGAINST THE ORDER IN IA.1507/2011 IN OS.406/2009 OF MUNSIFF COURT, HOSDRUG .................... PETITIONERS: -------------------- 1. PALLIKADATH MOIDU, S/O.MUHAMMED, POODAMKALLU, P.O., RAJAPURAM, HOSDURG, KASARGOD DISTRICT. 2. HAJIRA, W/O.PALLIKADATH MOIDU, POODAMKALLU, P.O., RAJAPURAM, HOSDURG, KASARGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): ------------------------ 1. K.E. LALU, S/O. K.E. ISMAIL, KUNDUKADU, P.O., KIZHAKKANCHRRY – 678 001. ALATHUR, PALAKKAD DISTRICT. 2. P.SAHANA LALU W/O. K.E. LALU, KUNDUKADU, P.O., KIZHAKKANCHRRY – 678 001. ALATHUR, PALAKKAD DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2460 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S. NO.406 OF 2009 OF MUNSIFF'S COURT, HOSDRUG. EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.406 OF 2009 FILED BY THE DEFENDANTS/PETITIONERS. EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF THE DEPOSITION OF THE SECOND PLAINTIFF IN O.S. NO.406 OF 2009 BEFORE THE MUNSIFF'S COURT, HOSDRUG. EXHIBIT P4 A TRUE COPY OF THE AGREEMENT EXECUTED BY THE PLAINTIFFS IN FAVOUR OF THE FIRST PETITIONER. EXHIBIT P5 A TRUE COPY OF THE APPLICATION FILED BY THE FIRST PETITIONER BEFORE THE MUNSIFF'S COURT, HOSDRUG AS I.A. NO.1507 OF 2011. EXHIBIT P6 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY PLAINTIFFS/RESPONDENTS. EXHIBIT P7 A TRUE COPY OF THE AFFIDAVIT FILED BY THE POWER OF ATTORNEY HOLDER OF THE PLAINTIFFS. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2460 of 2011 -------------------------------------- Dated this the 28th day of July, 2011. JUDGMENT Petitioners are defendants in O.S.No.406 of 2009 of the court of learned Munsiff, Hosdurg. That is a suit filed by the respondents for a decree for prohibitory injunction claiming title and possession of the suit property as per assignment deed executed by first petitioner in favour of the second respondent. Petitioners in their written statement contended that a separate agreement was executed between first petitioner and second respondent on 30.07.2007 by which first petitioner was permitted to collect rent from the quarters situated in the suit property for ten years. When second respondent was examined as PW1 on 06.07.2011 he denied execution of such an agreement. Thereon petitioners have filed Ext.P5, I.A.No.1507 of 2011 to sent the said agreement to the expert for opinion. I am told that the said application was allowed and second respondent was directed to appear in the court below on 25.07.2011 for giving specimen signature. While so, the power of attorney holder of second respondent filed Ext.P7, affidavit stating that second respondent has already left the place and hence is not available for appearance in court on 25.07.2011. Thereon Ext.P5, application is said to be closed. Prayer in this petition is to direct learned Munsiff to issue a certified copy of order passed on I.A.No.1507 of 2011 O.P(C) No.2460 of 2011 2 which has already been applied for vide C.A.No.685 of 2011. Learned counsel also requested that the proceeding before learned Munsiff may be kept in abeyance. 2. Having regard to the circumstances I am inclined to direct learned Munsiff to issue a copy of order on Ext.P5, application (I.A.No.1507 of 2011) closing the said application. Resultantly this Original Petition is disposed of directing the learned Munsiff to issue a copy of order on I.A.No.1507 of 2011 (in O.S.No.406 of 2009) as applied in C.A.No.685 of 2011, if that application is in order as early as possible and at any rate, within seven (7) days from the date of receipt of a copy of this judgment. THOMAS P.JOSEPH, Judge. cks