IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No.35062 of 2008 (Y) ---------------------------------- OS.313/2004 of MUNSIFF COURT, TIRUR .................... PETITIONER: --------------- ABDUL KHADER, S/O MOIDEENKUTTY, MARATHINGAL HOUSE, P.O. KOOTTAYI, MANGALAM AMSOM, KOOTTAYI DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. REP. BY HIS POWER OF ATTORNEY HOLDER, HIS WIFE, FATHIMA, AGED 43 YEARS, W/O ABDUL KHADER, MARATHINGAL HOUSE, P.O. KOOTTAYI, MANGALAM AMSOM, KOOTTAYI DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.M.N.UNNIKRISHNAN SRI.C.DILIP RESPONDENTS: ------------------ 1. ABBAS, S/O.MARATHINGAL RAMALAN KUTTY, AGED 54 YEARS, P.O.KOOTTAYI,TIRUR TALUK, MALAPPURAM DISTRICT. 2. BAPPUTTI, S/O.RAMALANKUTTY, AGED 49 YRS, -DO- -DO- 3. NAJEEB, S/O. RAMALANKUTTY, AGED 32 YRS, -DO- -DO- 4. MANAF, S/O. RAMALANKUTTY, AGED 29 YRS, -DO- -DO- ADV. SRI.P.CHANDRASEKHAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.35062 of 2008 (Y) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE PLAINT IN O.S.313/04 ON THE FILE OF THE MUNSIFF COURT, TIRUR DT.09/01/04. EXT.P2:- TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.313/04 ON THE FILE OF THE MUNSIFF COURT, TIRUR DT.21/03/05. EXT.P3:- TRUE COPY OF THE REPORT BY THE ADVOCATE COMMISSIONER DT.29/06/05 IN O.S. NO.313/04, MUNSIFF COURT, TIRUR. EXT.P4:- TRUE COPY OF COMMISSIONER'S REPORT ALONG WITH SKETCH DT.30/01/08. EXT.P5:- TRUE COPY OF THE PETITION TO REMIT THE COMMISSIONER'S REPORT DT.13/11/08. EXT.P6:- TRUE COPY OF THE ORDER OF THE MUNSIFF IN I.A. NO.2600/08 IN O.S.313/04, MUNSIFF COURT, TIRUR DT.15/11/08. EXT.P7:- TRUE COPY OF THE ORDER OF THE MUNSIFF IN I.A. NO.2601/08 IN O.S.313/04, MUNSIFF COURT, TIRUR DT.15/11/08. EXT.P8:- TRUE COPY OF THE ORDER OF THE MUNSIFF IN I.A. NO.2603/08 IN O.S.313/04, MUNSIFF COURT, TIRUR DT.15/11/08. .................. K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C No.35062 of 2008 ------------------------------------------------ Dated this the 6th day of January, 2009 JUDGMENT Respondents are served and service is complete. There is no appearance for the respondents. 2. The grievance of the petitioner who is the plaintiff in O.S.313/04 on the file of the Munsiff's Court, Tirur that is urged before me by his counsel is that the cost ordered to the respondents in all Exts.P6 to P8 orders while allowing those I.A.s filed by him is excessive though the prayer advanced in this Writ Petition is for an order setting aside Exts.P6 to P8. Vide Ext.P6 the objection filed to Commission Report by the petitioner highly belated was ordered to be received on payment of cost of Rs.500/- and vide Ext.P8 order I.A.2603/08 filed by the petitioner to receive additional documents in evidence was allowed W. P. C No.35062 of 2008 -2- on payment of cost of Rs.500/- as the documents were produced highly belated. There is no reason to interfere with the said orders. As far as Ext.P7 order is concerned the court below while allowing the Commission Report to be remitted to the Commissioner allowing I.A.2601/08 filed by the petitioner, payment of cost of Rs.3,000/- was ordered. Cost so ordered by the court below is much on the high side and is reduced to Rs.750/-. For making payment of all the amounts payable as cost as per Exts.P6 and P8 and in relation to Ext.P7 order for payment of the amount as reduced by this Court time of ten days is granted with effect from today. Time so granted shall not be extended on any count whatsoever. If cost is not remitted within a period of ten days as directed above, the petitioner shall suffer the consequences. W. P. C No.35062 of 2008 -3- 3. This Writ Petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-