IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 OP(C).No. 4014 of 2011(O) ------------------------------------ [I.A. NOS. 4065 & 4289/2011 IN UNNUMBERED A.S. OF 2011, DISTRICT COURT, THRISSUR] .................... PETITIONER: ------------------- P.T.WILSON ,S/O.THIMATHY,PUTHENVEETTIL HOUSE,JESUS STREET,KURIACHIRA,THRISSUR. BY ADVS. SRI.P.B.KRISHNAN, SRI.N.AJITH, SRI.P.B.SUBRAMANYAN. RESPONDENTS: ------------------------ 1. THE SECRETARY,THRISSUR CORPORATION, CORPORATION BUILDING,THRISSUR-680 001. 2. C.P.JOHNY,S/O.PORINCHU,CHOONDAL HOUSE, NELLIKUNNU,THRISSUR-680 005. R1 BY ADV. SRI.KODOTH SREEDHARAN,S.C. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.4014/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: DATED 31.1.2008,TRUE COPY OF THE JUDGMENT IN O.S.1414/2006, PRINCIPAL MUNSIFF'S COURT,THRISSUR. EXT.P2: DATED 26.9.2011,TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN I.A.1947 OF 2011 IN UNNUMBERED R.S.A. EXT.P3: DATED 15-10-2011,TRUE COPY OF THE APPLICATION,I.A.4065 OF 2011 UNNUMBERED A.S. /2011 ON THE FILE OF THE DISTRICT COURT, THRISSUR. EXT.P4: DATED 17-11-2011,TRUE COPY OF THE OBJECTION TO I.A.4065 OF 2011 ON THE FILE OF THE DISTRICT COURT,THRISSUR. EXT.P5: DATED 18-11-2011,TRUE COPY OF THE ORDER IN I.A.4289 OF 2011 FILED BY THE PETITIONER. EXT.P6: DATED 18-11-2011 TRUE COPY OF THE ORDER IN I.A.4289 OF 2011, IN I.A. NO.4065 OF 2011, DISTRICT COURT,THRISSUR. EXT.P7: DATED 21-11-2011,TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT,2005 FILED BEFORE RESPONDENT NO.1. EXT.P8: DATED 21-11-2011,TRUE COPY OF THE RECEIPT ISSUED FROM RESPONDENT NO.1. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4014 of 2011 --------------------------------------- Dated this 08th day of December, 2011 JUDGMENT Challenging Ext.P1, judgment and decree, second respondent filed appeal before the learned District Judge, Thrissur with I.A.No.4065 of 2011 to condone the delay of 1322 days pleading that he had no knowledge about the decree until immediately before filing of the appeal. Petitioner filed counter to that application on 17.11.2011 contending that second respondent had information about the judgment and decree even prior to the date stated in the affidavit of the second respondent in support of I.A.No.4065 of 2011 as could be revealed from the file maintained by the first respondent, the Thrissur Corporation. To substantiate that contention petitioner filed I.A.No.4289 of 2011 to summon the relevant file from the first respondent. It is submitted by learned counsel that I.A.No.4289 of 2011 was filed on 18.11.2011 and the same day learned District Judge passed Ext.P6, order that petitioner could obtain copy of the relevant documents from the first respondent and hence I.A.No.4289 of 2011 shall be kept in abeyance. Grievance of petitioner is that in the meantime, learned District Judge is proceeding with O.P(C).No.4014 of 2011 -: 2 :- I.A.No.4065 of 2011 which is posted for hearing petitioner on 13.12.2011. 2. If petitioner has a contention that statement made in the affidavit in support of I.A.No.4065 of 2011 is not correct and that could be proved by the relevant documents referred in I.A.No.4289 of 2011 petitioner must get an opportunity to prove that by producing the relevant documents. No doubt, as learned District Judge stated, it is possible for petitioner to get certified copies of relevant documents and hence it is not necessary to summon the document as prayed in I.A.No.4289 of 2011. But having regard to the circumstances stated I am inclined to direct that disposal of I.A.No.4065 of 2011 shall stand adjourned to a day after 01.01.2012 so that in the meantime it is open to the petitioner to produce copy of relevant documents obtained from the first respondent. Resultantly this original petition is disposed of directing learned District Judge, Thrissur to adjourn hearing of I.A.No.4065 of 2011 to a day after 01.01.2012 so that petitioner could obtain copy of necessary documents and produce the same before learned District Judge. (THOMAS P. JOSEPH, JUDGE) Sbna/-