IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7833 of 2008(G) ------------------------- AGAINST THE ORDERS IN IA.282/08 &283/08 IN RCP.23/2005 of MUNSIFF COURT, TIRUR .................... PETITIONER: ------------ MULLAN MADAKKAL KUNHIMUHAMMED, S/O.BEERANKUTTY, TANALUR AMSOM, AREEKAD DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT: ------------- KAVUMPURATH ALIKKUTTY, S/O.KUNHEEN, PONMUNDAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 7833 OF 2008-G ----------------------------------------- Dated 7th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the respondent in R.C.P.23/2005 on the files sof the Rent Control Court, Tirur. This writ petition is filed, challenging Ext.P5 order passed on the application to receive additional witness list and also Ext.P6 order passed on the application under Section 151 of the C.P.C., to reopen the evidence in the R.C.P., which has already been closed. The Rent Controller found that both the applications were unsustainable. Accordingly, they were dismissed. This writ petition is filed, challenging those orders. 2. We notice that if the final order goes against the petitioner, while challenging that order in appeal, he can raise the ground that he has not been given a fair opportunity to examine the additional witnesses and his motion in that regard was rejected by the impugned orders, illegally. In other words, the petitioner need not challenge those orders now. In view of WPC 7833/2008 2 the above position, it is unnecessary for this Court to entertain this writ petition. Accordingly, it is dismissed without prejudice to the contentions of the petitioner and his right to raise those grounds, if the final order goes against him and he causes to file an appeal against the same. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/