IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 29506 of 2009(O) --------------------------------------- OS.NO.35/1999 OF SUB COURT,THODUPUZHA. .................... PETITIONER/IST PLAINTIFF: ---------------------------------------- BABU P.KURIAKOSE, AGED 51 YEARS, S/O.LATE KURIAKOSE, PALLATHUKUDY HOUSE, ADIMALI KARA, MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. BY ADV. MR.THOMAS M.JACOB. RESPONDENTS/DEFENDANTS: --------------------------------------------- 1. KATHIRESAN, AGED ABOUT 65 YEARS, RESIDING AT 18 ROOM LINES, MUNNAR KARA, K.D.H VILLAGE, DEVIKULAM TALUK. 2. NACHIAMMAL, W/O.KATHIRESAN, AGED ABOUT 65 YEARS, -DO- 3. MUTHUKUMAR, S/O.KATHIRESAN, AGED ABOUT 35 YEARS, -DO- 4. RANGARAJAN, S/O.KATHIRESAN, AGED ABOUT 33 YEARS, -DO- 5. DAMODARAN, S/O.NARAYANAN, AGED ABOUT 65 YEARS, KALLUVEETTIL HOUSE, KUNCHITHANNY KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 6. THANKAMMA, W/O.GOPALAN, AGED ABOUT 55 YEARS, KALLUVEETTIL HOUSE, KUNCHITHANNY KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. W.P.(C). NO.29506/2009-O: 7. GANESAN, S/O.SUBRAMANIAN, AGED ABOUT 48 YEARS, RESIDING AT POTHAMEDU KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 8. MUTHAIAH, S/O.SUBRAMANIAN, AGED ABOUT 44 YEARS, RESIDING AT POTHAMEDU KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 9. RAJAN, S/O.ISAHAK, AGED ABOUT 42 YEARS, RESIDING AT POTHAMEDU KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 10. SELVAN, S/O.RAJU, AGED ABOUT 40 YEARS, RESIDING AT POTHAMEDU KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 11. RAJENDRAN, S/O.DAS, AGED ABOUT 38 YEARS, RESIDING AT POTHAMEDU KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 12. PALANI, S/O.MOOKAN, AGED ABOUT 40 YEARS, RESIDING AT POTHAMEDU KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 13. JESTIN, S/O.LAWRENCE, AGED ABOUT 36 YEARS, RESIDING AT POTHAMEDU KARA, PALLIVASSAL VILLAGE, DEVIKULAM TALUK. 14. K.CHANDRAN, S/O.KARUPAIAH, AGED ABOUT 45 YEARS, RESIDING AT NEW MUNNAR DIVISION OF SEVANMALLAY ESTATE, KDH VILLAGE, DEVIKULAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.29506 OF 2009 -------------------------- Dated this the 19th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records in O.S No.35/1999 in the files of Subordinate Judges Court, Thodupuzha. ii) Direct the Court below to grant certified copy of the order dated 08/10/2009 in I.A No.706/2009 to the petitioner at the earliest and further grant ten days time there from to the petitioner to approach this Hon'ble Court against the same, before proceeding any further with the disposal of the suit. iii) Pass an order allowing Ext.P2 application as prayed for. iv) Pass such other order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the above case. W.P.(C).No.29506 OF 2009 Page numbers 2. Petitioner is the plaintiff in O.S No.35 of 1999 on the file of Sub Court, Thodupuzha. Petitioner/plaintiff moved an application after the evidence was fully recorded in the case to amend the boundaries of the plaint schedule in respect of which some mistakes had crept in. That application was dismissed. Petitioner has applied for getting a certified copy of the order. No copy of the order served till date. Meanwhile the court has posted the case for judgment on 20/10/2009. Under the circumstances as indicated above, the petitioner has filed the writ petition seeking the aforementioned reliefs invoking the visitorial jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances W.P.(C).No.29506 OF 2009 Page numbers presented, I find no notice to the respondents is necessary and it is dispensed with. I direct the court below to issue copy of the order passed in Ext.P1 application of the plaintiff, if applied for, within a period of ten days and to adjourn pronouncement of judgment in the case and to post the case for disposal after three weeks from the date of this judgment. Hand over a copy of the judgment to the learned counsel for the petitioner on usual terms, and send a copy to the court concerned forthwith. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv W.P.(C).No.29506 OF 2009 Page numbers