IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 17605 of 2009(O) --------------------------------------- OS.NO.135/2008 OF ADDL.MUNSIFF COURT, KOTTAYAM. .................... PETITIONER: ------------------- PONNACHAN,S/O.LATE MATHAI, KOCHUPARAMBIL HOUSE, MUTTAMBALAM POST, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK. BY ADV. MR.P.KURUVILLA JACOB. RESPONDENT: --------------------- DAISY MATHEW, SALOM POLACHIRA, VAKATHANAM POST AND VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. MR.C.S.MANILAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17605/2009-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PLAINT DTD. 02/03/08 FILED BY RESPONDENT IN O.S. NO. 135/08 OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM. EXT.P.2: COPY OF THE COUNTER CLAIM FILED BY THE PETITIONER AND 2 OTHER DEFENDANTS IN O.S. NO. 135/08 OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM. EXT.P.3: COPY OF THE WITNESS LIST DTD. 16/02/09 FILED BY PETITIONER IN O.S. NO. 135/08 OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM. EXT.P.4: COPY OF THE I.A. NO. 925/09 FILED BY PETITIONER IN O.S. NO. 135/08 OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM. EXT.P.5: COPY OF THE ORDER DTD. 03/04/09 IN W.P.(C). 11198/09 OF THE HONOURABLE HIGH COURT. EXT.P.6: COPY OF THE ORDER DTD. 30/03/09 IN I.A. 925/09 IN O.S. NO. 135/08 OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.17605 of 2009 - O --------------------------------- Dated this the 20th day of July, 2009 J U D G M E N T This writ petition is filed by the first defendant in O.S.No.35/2008 on the file of the Additional Munsiff Court, Kottayam. Suit is one for perpetual prohibitory injunction and the respondent is the plaintiff. The defendant had moved a witness schedule for examining some witnesses when the case came up for trial. Admittedly, that application, a copy of which is produced as Ext.P3 was belatedly filed. Learned Munsiff was not inclined to allow that application and it was rejected by Ext.P6 order. Impeaching the correctness and propriety of that order, first petitioner/defendant has filed this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. 3. The learned counsel for the respondent/plaintiff submitted that he does not stand on any technical objections, but, this Court , if allowing the petition, may also issue a direction to the court below to dispose the suit within a time frame. Learned counsel for the petitioner submitted that he W.P.(C).No.17605 of 2009 - O 2 desires to examine only the first and second witnesses named in Ext.P3 witness schedule. 4. Having regard to the submissions made, I find an opportunity has to be extended to the defendant to examine his witnesses 1 and 2 shown in Ext.P3 witness schedule. so far as witness No.1 in Ext.P3 schedule, summons shall be issued by the court to the defendant for service, and for second witness, who is a public officer, service shall be effected through court on steps being taken by the defendant. Ext.P6 order is set aside and the court below is directed to pass appropriate orders for issuing summons to witnesses 1 and 2 in Ext.P3 schedule as indicated above. An expeditious completion of the trial and disposal of the case is urged for by the learned counsel for the respondent/plaintiff, and taking note of the submissions, I direct the court below to give the suit top priority in hearing and dispose it at the earliest, at any rate, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed as indicated above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-