IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21107 of 2008(K) ---------------------------------------- (O.S.NO.151/2005 OFADDL. SUB COURT, THALASSERY) PETITIONER: PLAINTIFF: ---------------------------------------- RITHIN KRISHNAN, S/O.A.C.KRISHNAN, “KRISHNA”, THREE CORNER BUS STOP, ARAM KOTTAM, KANNUR – 9. BY ADV. SRI.R.PARTHASARATHY RESPONDENTS: DEFENDANTS: ----------------------------------------------- 1. N.P.SREELATHA, W/O.LATE A.C.KRISHNAN, “SREEKRISHNA”, BEHIND AMBILI THEATER, KANNUR-2. 2. A.C.ANAND, S/O.SREELATHA, “SREEKRISHNA”, BEHIND AMBILI THEATRE, KANNUR – 2. 3. AMARJITH, S/O.MANOHARAN, RAJESWARI BHAVAN, POOTHAPARA P.O., AZHIKKODE, KANNUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21107 of 2008 ------------------------------- Dated this the 14th July, 2008. J U D G M E N T Petitioner is the plaintiff and respondents the defendants in O.S.No.151 of 2005, on the file of Sub Court, Thalassery. This petition is filed under Article 227 of Constitution of India, for a direction to Sub Court, Thalassery, to pass orders in I.A.No.2189 of 2008 in O.S.No.151 of 2005 before proceeding with the trial. 2. The learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel for the petitioner is that I.A.No.4257 of 2007 was filed by the petitioner for a direction to respondents to answer interrogatories, and under Ext.P1 order, learned Sub Judge found that the answer given to Question No.1 is not proper, and, so first respondent was directed to answer the said interrogatory in a non evasive manner. Thereafter petitioner filed I.A.No.2189 of 2008, a petition under Rule 21 of Order XI of Code of W.P.(C) No.21107 of 2008 2 Civil Procedure to struck off the defence of the first respondent and without passing orders in that application, learned Sub Judge may not proceed with the trial. 4. If Ext.P3 petition is not yet disposed, learned Sub Judge is directed to pass appropriate orders in Ext.P3 application, in accordance with law, and proceed with the trial. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.