IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 6599 of 2010(O) ------------------------- OS.731/1999 of MUNSIFF COURT,ALUVA .................... PETITIONER(S): --------------- PHILIP, AGED 44, S/O.OUSEPH, MALIYEKKAL HOUSE, ANGAMALI, ALUVA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): --------------- 1. RAJAGOPALAN, S/O.AYYAPPAN NAIR, LAKSHMI VILASAM, STAFF QUARTERS, STANDARD PARLARY WORKS, CHOORNIKARA, ALUVA. 2. VIJAYA LAKSHMI, W/O.RAJAGOPAL, -DO- -DO- 3. THASNA (MINOR) D/O.ABDUL HAKIM, REP. BY ABDUL HAKIM, C.P.8/434, THAIKKATTUKARA, ALUVA. 4. MINI, D/O.RAJAGOPAL, SPW STAFF QUARTERS, LAKSHMI VILASAM, MUPPATHADAM, PARAVOOR. ADV. SRI.VIJU THOMAS FOR R3 SMT.M.MEENA JOHN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.6599/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE PLAINT IN OS 731/1999 OF MUNSIFF COURT, ALUVA EXT.P2 TRUE COPY OF AFFIDAVIT FILED BY THE SUB INSPECTOR ALUVA, DATED 11.11.2009 RESPONDENTS' EXHIBITS: EXT.R3(a) SALE DEED NO.4610/04 DATED 20.9.04 OF SRO, ALUVA EXT.R3(b) SALE DEED NO.4411/04 DATED 23.11.00 OF SRO, ALUVA EXT.R3(c) SALE DEED NO.2006/98 DATED 16.7.98 OF SRO, ALUVA EXT.R3(d) SALE DEED NO.2831/97 DATED 25.8.97 OF SRO, ALUVA EXT.R3(e) ENCUMBERANCE CERTIFICATE NO.10754/05 DATED 9.11.2005 OF SRO, ALUVA //TRUE COPY// P.A. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.6599 of 2010 -------------------------------------- Dated this the 14th day of October, 2010. JUDGMENT Petitioner is the plaintiff in O.S.No.731 of 1999 of the court of learned Munsiff, Aluva. That is a suit to set aside a sale deed allegedly executed by petitioner in favour of respondents concerning the suit property. The stand of petitioner is that his signature has been forged in the document. Respondents resisted the suit contending that allegations are not correct and that the sale deed was executed by petitioner himself. When the case was posted for trial in the list petitioner filed this Writ Petition seeking a direction to the learned Munsiff to postpone trial of the suit until report is received from the Finger Print Bureau (for short, “the Bureau”) to which the original records in the connected criminal case had been sent for report. It is contended by learned counsel that original records which are necessary to be produced in the civil case are now in the custody of the Bureau. Learned counsel for respondent No.3 says that respondent No.3 is a bonafide purchaser and that assignment in his favour cannot be assailed. It is the contention of learned counsel that attempt of petitioner is to somehow prolong the litigation. 2. It is not disputed that in connection with the alleged execution of document the Aluva Police has registered Crime No.594 of 1998 under Sections 120B, 419, 467, 468 and 471 read with Section 34 of the Indian WP(C) No.6599/2010 2 Penal Code and that case is now pending consideration before learned Judicial First Class Magistrate-I, Aluva as C.C.No.1131 of 2002. The Police in connection with investigation of that case has taken into custody the original documents including the impugned sale deed and the same were produced in the court of learned Judicial First Class Magistrate-I, Aluva wherefrom it has been sent to the Bureau for examination and report. It is pointed out by learned counsel for respondent No.3 that the report has not been sent up by the Bureau inspite of lapse of about ten years. 3. May be, the original records and the report of the Bureau on the disputed signature, etc. are relevant for consideration in the civil court (I am not making any opinion either way as to the relevancy of said records and report in this proceeding). It is appropriate that the trial of O.S.No.731 of 1999 is kept in abeyance until the original records and the report of examination are received. It is unfortunate, whatever be the reason thereof that the Bureau has not submitted its report in the matter, even after such length of time. The officials of the Bureau should ensure that examination of original records is completed (if it is not already done) at the earliest and report is sent to the court of learned Judicial First Class Magistrate-I, Aluva along with original records. The Director of the Bureau shall ensure that this is done at the earliest. Resultantly this petition is disposed of in the following lines: WP(C) No.6599/2010 3 i. The Director of Finger Print Bureau, Thiruvananthapuram is directed to ensure that examination of original records forwarded to the Bureau from the court of learned Judicial First Class Magistrate-I, Aluva in connection with Crime No.594 of 1998 of Aluva Police (C.C.No.1132 of 2002) if not already completed, is done at the earliest and report is submitted to that court along with original records immediately. ii. Learned Judicial First Class Magistrate-I, Aluva is directed to ensure that the Finger Print Bureau, Thiruvananthapuram submitted the report and original records to that court at the earliest. iii. Trial of O.S.No.731 of 1999 will stand in abeyance for the time being so that on receipt of original records and the report of Finger Print Bureau in the court of learned Judicial First Class Magistrate-I, Aluva it is open to the petitioner to take necessary steps to get certified copy of such documents and report or, if found necessary to summon the original documents for inspection as provided under Rule 10 of Order XIII of the Code of Civil Procedure in connection with O.S.No.731 of 1999 of Munsiff Court, Aluva and to be returned to the court of learned Judicial First Class Magistrate-I, Aluva after such inspection. WP(C) No.6599/2010 4 Registry shall send a copy of this judgment to the learned Judicial First Class Magistrate-I, Aluva and to the Director of Finger Print Bureau, Thiruvananthapuram for compliance. THOMAS P.JOSEPH, Judge. cks