IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36471 of 2008(P) -------------------------------------------- OS.120/2007 of M.C., PARAPPANANGADI .................... PETITIONER: MOHAMMED, S/O.ADATTIL KUNHIPOCKER HAJI, CHANGUVETTY, KOTTAKKAL AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT: THOOMPATH EDAPPANATT MOOSAKUTTY MASTER, S/O.MOIDEENKUTTY, CHANGUVETTY, POST KOTTAKKAL, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.36471 of 2008 P -------------------------- JUDGMENT This writ petition is filed by the petitioner/ second defendant in O.S.No.120/07 on the file of the Munsiff's Court, Parappanangadi. It is submitted that the commission application and the petition to remove the suit from the list filed on 26.11.2008, the day on which the suit stood posted for trial in the special list, were allowed on payment of cost of Rs.5,000/- and that the cost ordered is high and excessive. It is stated that the cost ordered was directed to be deposited in one week from 26.11.2008. The order passed by the court below is not produced. It is not known whether the commission application and the petition to remove the suit from the list were dismissed consequent on non payment of the cost ordered. Counsel for the petitioner submits that the suit is posted for trial to 15.12.2008. That means, commission application and the petition to remove WPC 36471/08 2 the suit from the list must have been dismissed consequent on non payment of the cost ordered. No details are available before this Court to substantiate the arguments. This writ petition is, hence, dismissed. 11th December, 2008 (K.P.Balachandran, Judge) tkv