IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 11734 of 2008(V) -------------------------- OS.327/2004 of II ADDL.MUNSIFF'S COURT, ERNAKULAM .................... PETITIONER: --------------------- M/S. PENINSULAR PARK PVT. LTD., KARUKAPALLIL PONNETH TEMPLE ROAD, ELAMKULAM, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, K.J.GEORGE,S/O.LATE JOHN AGED 54 YEARS,R/AT KARUKAPALLIL HOUSE,CHILAVANOOR DESOM, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.BEPIN VIJAYAN RESPONDENTS: ------------------------- 1. SAROJINI VELAYUDHAN, W/O. VELAYUDHAN (AGE NOT KNOWN), SHANMUGHAPURAM NETTOOR KARA, MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST. 2. K.J. XAVIER (FATHER'S NAME AND AGE NOT KNOWN), KUTTAMPARAMBIL HOUSE, NETTOOR KARA, MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST. 3. ANI XAVIER, W/O. XAVIER (AGE NOT KNOWN), KUTTAMPARAMBIL HOUSE, NETTOOR KARA, MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST. 4. SAJILAL, S/O. VELAYUDHAN, AGED 40, SHANMUGHAPURATHU HOUSE, NETTOOR KARA, MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DIST. 5. SIBI MONEY, D/O. VELAYUDHAN, AGED 38, KALLUMADATHIL HOUSE, H.NO.47/1204A, SASTHRI ROAD, VADUTHALA. 6. SEENA PRADEEP, D/O. VELAYUDHAN, AGED 36, KANAVALLYPADATHU HOUSE, VALAM, SOUTHCHITTOOR, CHERANELLOOR. 7. SINDHU SHAMSUDHEEN, D/O. VELAYUDHAN, AGED 34, NANGYARATHU HOUSE, OPP.ST.SEBASTINE CHURCH, NETTOOR. BY ADV. SRI.T.K.RADHAKRISHNAN - R1 TO 3 SMT.K.L.SREEDEVI - R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.11734/2008 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE ORDER OF INJUNCTION GRANTED BY THE HONOURABLE MUNSIFF'S COURT, ERNAKULAM IN I.A.NO.1839/2004 DTD. 28/2/2004. EXT.P2: COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN I.A.NO.1839/04. EXT.P3: COPY OF I.A.2997/08 FILED BY THE PETITIONER IN O.S.NO.327/04 BEFORE THE HONOURABLE IIND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM. EXT.P4: COPY OF I.A.2998/08 FILED BY THE PETITIONER IN O.S.NO.327/04 BEFORE THE HONOURABLE IIND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM. EXT.P5: COPY OF THE PROOF AFFIDAVIT OF SHRI.E.J.JAMES WHO WAS CITED AS A WITNESS BY THE PETITIONER. EXT.P6: COPY OF I.A.NO.3035/08 SEEKING THE ISSUANCE OF CARBON COPIES OF THE ORDERS PASSED BY THE IIND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM, IN O.S.NO.327/04. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE ROUGH SKETCH ANNEXED TO COMMISSION REPORT P5. EXT.R3(B): COPY OF OBJECTION FILED BY THE RESPONDENTS. /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 11734 OF 2008 =========================== Dated this the 5th day of June, 2008 JUDGMENT Petitioner is the plaintiff and respondents the defendants. This petition is filed under Article 227 of the Constitution of India for a direction to the learned Munsiff not to pronounce the judgment before passing orders on Ext.P3 and P4 petitions. Ext.P3 is a petition to depute a Commissioner to record the evidence of a witness and Ext.P4 is an application to examine a witness by issuing summons. 2. The argument of the learned counsel appearing for petitioner is that the court is proceeding to dispose the suit without affording an opportunity to the petitioner to let in evidence which according to petitioner is material and in such circumstance necessary directions are to be issued. Learned counsel appearing for respondents submitted that evidence was recorded and the suit W.P.(C)11734/2008 2 now stands posted for judgment and in such circumstance, the petition is only to be dismissed. It is not disputed that Exts.P3 and P4 objections are pending. When petitions are filed to examine witnesses, learned Munsiff is expected to pass orders in the applications before disposing the suit. Learned Munsiff is therefore directed to dispose of Exts.P3 and P4 without any delay and dispose the suit only thereafter. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006