IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 OP(C).No. 1227 of 2010(O) ------------------------- AGAINST THE ORDER DATED 17/12/2010 IN IA 10340/2010 IN OS.1569/2005 OF PRL.MUNSIFF COURT,TRIVANDRUM .................... PETITIONER (S): -------------------- K.P.RAVEENDRAN NAIR, S/O.LATE A.G.PARAMESWARAN PILLAI, AGED 71 YEARS, RESIDING AT RAKHI NIVAS, T.C.NO.XXII/607-1, ATTUKAL, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): --------------- ATTUKAL BHAGAVATHI TEMPLE TRUST, REPRESENTED BY THE SECRETARY, ATTUKAL, MANACAUD P.O., THIRUVANANTHAPURAM. ADV. SRI.RAM MOHAN.G. FOR R SRI.G.P.SHINOD FOR R SRI.MANU V. FOR R SRI.P.GOVIND FOR R THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) 1227/2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE PLAINT DATED 8.11.2005 IN O.S.NO.1569/2005 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE PETITION DATED 12.11.2010 FILED BY THE DEFENDANT IN O.S.NO.1569/2005 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P3: COPY OF THE PETITION DATED 15.12.2010 (I.A.NO.10340/2010) FILED BY THE PETITIONER IN O.S.NO.1569/2005 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P4: COPY OF THE STATEMENT OF OBJECTION DATED 14.12.2010 FILED BY THE DEFENDANT IN I.A.NO.10340/2010 IN O.S.NO.1569/2005 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. ------------------------------------ O.P.(C).No.1227 of 2010 O ------------------------------------- Dated this the 31st day of January, 2011 JUDGMENT The plaintiff in O.S.No.1569 of 2005, on the file of the court of the Principal Munsiff of Thiruvananthapuram, challenges the order dated 17th December, 2010 in I.A.No.10340 of 2010 passed by the court below. The prayer in the application was to permit the plaintiff to examine the two witnesses shown in the witness schedule. The evidence on the side of the plaintiff was over. Thereafter, the evidence of the defendant was being proceeded with. At that time, the application was filed stating that examination of those witnesses, who were included in the witness schedule but who were not examined, is required. The application was opposed. The court below dismissed the application. O.P.(C) No.1227 of 2010 2 The learned counsel for the respondent submitted that to avoid delay in the matter and to avoid any possible objections at later stages, the respondent thinks that it would be better, if the application is not opposed. Accordingly, the order impugned is set aside. I.A.No.10340 of 2010 is allowed. The witnesses shall be permitted to be examined. However, no adjournment shall be prayed for by the petitioner for the purpose of examination of the witnesses on the dates on which they are allowed to be examined. The Original Petition (Civil) is allowed as above. K.T.SANKARAN JUDGE csl