IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32919 of 2008(R) -------------------------- OS.177/2008 of MUNSIFF COURT, NADAPURAM .................... PETITIONER(S): ----------------------- BEENA BINOY, W/O.BINOY, AGED 34 YEARS, KONGOTU HOUSE, KAVILUMPARA AMSOM, MARUTHONKARA DESOM,NOW RESIDING AT THAYADATHIL HOUSE, KOZHUKKALLOOR.P.O, MEPPAYUR. BY ADV. SRI.M.S.MANIKANDAN RESPONDENT(S): --------------------------- K.RADHAKRISHNAN, S/O.RAGHAVAN NAIR, KIZHAKKAYIL HOUSE, CHANGAROTH AMSOM, PALERY DESOM, KOYILANDY TALUK, KOZHIKODEL DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.32919 of 2008 = = = = = = = = = = = = = = Dated this the 7 th day of November, 2008 JUDGMENT Petitioner, is the defendant in a suit filed by the respondent herein as O.S.No.177 of 2008 on the file of the Munsiff's Court, Nadapuram for realisation of a sum of Rs.50,000/- allegedly due under a promissory note. After dismissal of the said suit as withdrawn, the petitioner filed Ext.P3 application as I.A.No.1111/2008 requesting the court not to return the original promissory note to the plaintiff except to the investigating officer. According to the petitioner, he had not executed any promissory note as alleged by the plaintiff and his earlier petition filed under Section 340 Cr.P.C for conducting a preliminary enquiry to prosecute the plaintiff was got withdrawn by the petitioner on realising the fact that the document was not fabricated at a time when it was in the custody of the court. It was thereafter that the petitioner filed Ext.P3 application. The grievance of the petitioner is that no orders are passed on Ext.P3 application. W.P.(c).No.32919 of 2008 2 2. This writ petition is disposed of directing the learned Munsiff, Nadapuram to pass orders on Ext.P3 application within two weeks of receipt of a copy of this judgment. The promissory note in question shall not be returned to the plaintiff until disposal of the Ext.P3 application. Dated this the 7 th day of November, 2008. V. RAMKUMAR, JUDGE sj