IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 3425 of 2011(O) ------------------------- OS.205/2008 of MUNSIFF COURT, TIRUR .................... PETITIONER(S): ------------------------------ ABDURAHIMAN, S/O.OOROTHIYIL ENUDHEENKUTTY HAJI, OMACHAPUZHA (P.O), PIN - OMACHAPUZHA AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------- 1. OOROTHIYIL UNNI @ MARAKKAR, S/O.KUNHEEN, OMACHAPUZHA AMSOM DESOM, OMACHAPUZHA (P.O) PIN - 676 320. TIRUR TALUK, MALAPPURAM DISTRICT. 2. OOROTHIYIL AYISHAMOL, W/O.CHANAPARAMBIL ABDUSSALAM HAJI, C.P.HOUSE, KODINHI (P.O), PIN - 676 309, KODINHI AMSOM DESOM TIRUR TALUK, MALAPPURAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3425/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 A TRUE COPY OF THE PLAINT IN O.S.205/2008 BEFORE THE MUNSIFF COURT, TIRUR DATED 09.07.2008. EXT.P-2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE IST RESPONDENT/DEFENDANT DATED 06.04.2010. EXT.P-3 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER HEREIN AS I.A. 2217/2011 IN O.S 205/2008 BEFORE THE MUNSIFF COURT, TIRUR, DATED 18.10.2011 EXT.P-4 A TRUE COPY OF THE COUNTER TO I.A. 2217/2011 IN O.S. 205/2008 BEFORE THE MUNSIFF COURT, TIRUR DATED 20.10.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3425 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. JUDGMENT Petitioner is the 2nd plaintiff in O.S.No.205 of 2008 of the court of learned Munsiff, Tirur. The prayer in the suit is to set out a way to the plaint A schedule through plaint B schedule. The Advocate Commissioner submitted his report and plan. Later petitioner realised that description of the B schedule given in the plaint is not correct and did not tally with the description given by the Advocate Commissioner. Petitioner made an application to amend the plaint (Ext.P3). That application was dismissed. Petitioner seeks a direction to the learned Munsiff to issue a carbon copy of the order dismissing Ext.P3, application. Learned counsel submitted that the case is listed for this day and unless trial of the suit is stayed the application would become infructuous. 2. Since the case is listed for trial this day I am not intend to interfere with the proceeding of the trial court. It is open to the petitioner to request learned Munsiff to grant time. 3. Having heard learned counsel I am inclined to issue a direction to the learned Munsiff, Tirur to issue carbon copy of the order. OP(C)No.3425/2011 2 Resultantly this Original Petition is disposed of directing learned Munsiff, Tirur to issue carbon copy of the order dismissing Ext.P3, application if applied for as per rules (and if not already issued) as early as possible, at any rate within a week from the date of receipt of a copy of this judgment. THOMAS P.JOSEPH, Judge. cks