IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 OP(C).NO. 2548 OF 2011(O) ---------------------------------------- I.A.NO.938 OF 2011 IN OS.455/2010 OF MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: ------------------ K.SASI, S/O.K.KOCHU KUNJU, NIRMALYAM, ARATTUPUZHA MURI, PATTAZHI VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): ----------------------- R.SASIKUMAR, KOCHUPUNTHALA KIZHAKKATHIL, S.R.P.MARKET P.O., MANAPPALLY THEKKU MURI, PAUMBA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT PIN - 691023. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C)NO.2548 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S. NO.455 OF 2010 OF THE MUNSIFF'S COURT, KARUNAGAPPALLY FILED BY THE RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF I.A. NO.938 OF 2011 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, KARUNAGAPPALLY. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2548 of 2011 ==================================== Dated this the 04th day of August, 2011 J U D G M E N T Petitioner is the defendant in O.S. No.455 of 2010 of the court of learned Munsiff, Karunagappally. That is a suit filed by the respondent for recovery of money based on a demand promissory note allegedly executed by petitioner. Petitioner filed written statement denying the transaction and execution of the promissory note. Petitioner contended that respondent was working under him for some time, he had warned respondent regarding the work done by the latter and enraged, respondent fabricated the promissory note. Petitioner filed I.A. No.938 of 2011 to send the disputed document for expert opinion. That application is posted along with the suit which is coming up for hearing on 06.08.2011. Petitioner wants disposal of the said application before the suit is taken up for trial. Learned counsel seeks a direction to the learned Munsiff to dispose of Ext.P3, application. 2. Since petitioner has denied the transaction and execution of the demand promissory note burden is on respondent O.P(C) No.2548 of 2011 -: 2 :- to prove the due execution of the same. Exhibit P3, application is pending before the learned Munsiff. It is open to the learned Munsiff to pass appropriate orders on the said application at the appropriate stage. A direction in that regard is not necessary. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv