IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12495 of 2008(K) -------------------------- OS.90/2005 of SUB COURT, PALA .................... PETITIONER: ------------ PRAKASH D.KANDATHIL, AGED 32 YEARS, S/O. DEVASSIA, KIZHATHADIYOOR, MEENACHIL, PALA. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------- 1. PAULSON MATHEW, S/O. MATHEW, CHERUVALLY VEETTUIL, ERUMAPRA KARA, MOONILAVU VILLAGE, MEENACHIL TALUK. 2. MARYKUTTY SCAIRA, W/O. SCARIA, VAIPPARA VEETTIL, ARUNAPURAM KARA, PULIYANNOOR VILLAGE, MEENACHIL TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12495 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is preferred by the petitioner Sri. Prakash D. Kandathil, to expunge the observation in the judgment which reads as follows: “The admission in Ext.B1 udampady would show that D.Prakash was in the habit of obtaining blank signed cheque leaves and stamp papers in the money transaction”. 2. It has to be borne in mind that this D.Prakash is not a party to the suit. When an observation is to be made against a person atleast he should have the right to be heard regarding the same. So the observation without hearing him is not proper. Therefore that particular sentence in the judgment would stand expunged. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps