IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 36007 of 2009(O) -------------------------- OS.45/2003 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): --------------- ABDUL AZEEZ.S, PROPRIETOR M/S.S.B.BRICKS RESIDING AT MATHEPALLIL HOUSE, CHATHANAMKULAM, CHANDANATHOPPE PO, KOLLAM-691 014. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- THE NEDUNGADI BANK LTD., KOLLAM BRANCH, HOSPITAL ROAD, KOLLAM, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.K.P.SUDHEER FOR R1 SMT.P.JAYALAKSHMI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.36007/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.45/2003 DATED NIL BEFORE THE SUBORDINATE JUDGE'S COURT, KOLLAM. EXT.P2: COPY OF THE WRITTEN STATEMENT DATED 27.5.2003 FILED BY THE 1ST DEFENDANT IN O.S.NO.45/2003 BEFORE THE SUBORDINATE JUDGE'S COURT, KOLLAM. EXT.P3: COPY OF THE CHIEF AFFIDAVIT DATED 7.4.2007 FILED BY THE PLAINTIFF IN O.S.NO.45/2003 BEFORE THE SUBORDINATE JUDGE'S COURT, KOLLAM. EXT.P4: COPY OF THE FURTHER CROSS EXAMINATION CONDUCTED ON 4.12.2009 BY THE ADVOCATE COMMISSIONER. EXT.P5: COPY OF THE CHIEF AFFIDAVIT DATED NIL FILED BY THE 1ST DEFENDANT IN O.S.NO.45/2003 BEFORE THE SUBORDINATE JUDGE'S COURT, KOLLAM. EXT.P6: COPY OF I.A.NO.4168/2009 DATED 7.12.2009 FILED BY THE 1ST DEFENDANT ALONG WITH THE SCHEDULE OF THE DOCUMENTS IN O.S.NO.45/2003 BEFORE THE SUBORDINATE JUDGE'S COURT, KOLLAM. EXT.P7: COPY OF THE TYPED COPY OF THE ORDER DATED 8.12.2009 IN I.A.NO.4168/2009 IN O.S.NO.45/2003 PASSED BY THE SUBORDINATE JUDGE'S COURT, KOLLAM. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.36007 OF 2009 () ----------------------------------- Dated this the 5th day of January, 2010 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue a direction to all for the entire records of order dated 8.12.2009 in I.A.No.4168/2009 in O.S.No.45/2003 passed by the Subordinate Judge's Court, Kollam and set aside the same. ii. to issue a direction to call for the entire records in O.S.No.45/2003 on the files of the Subordinate Judge's Court, Kollam and to keep in abeyance all further proceedings in O.S.No.45/2003 on the files of the Subordinate Judge's Court, Kollam. 2. Petitioner is the 1st defendant in O.S.No.45 of 2003 on the file of the Sub Court, Kollam. Suit is one for recovery of money by sale of the mortgage property and the respondent is WPC.36007/09 2 the plaintiff. Suit claim is based on a loan advanced by the plaintiff bank to the petitioner/1st defendant on the security of the mortgage and also guarantee of another person, the 2nd defendant in the suit. Trial of the suit is in progress. While the evidence of the plaintiff continued, petitioner/1st defendant produced some documents for getting them admitted in evidence. The learned Sub Judge dismissed that application as highly belated. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. The learned counsel for the respondent bank submitted that the respondent is not interested in shutting out the evidence and has no objection in passing of appropriate orders on the reliefs canvased in the petition. Considering the submissions made and taking note of the facts and circumstances presented, Ext.P7 order passed by the learned Sub Judge dismissing the application moved by the petitioner/1st defendant for admitting WPC.36007/09 3 documentary evidence on his behalf is set aside directing to provide the defendant an opportunity to get the documents produced exhibited in evidence subject to admissibility. The learned counsel for the respondent bank submitted that previously the suit had been decreed ex parte, but, later, that decree was set aside allowing the application moved by the petitioner/1st defendant. So much so, request is made for fixing a time limit for disposal of the suit. The learned Sub Judge is directed to dispose the suit as expeditiously as possible, at any rate, before the closing of the mid summer vacation. Writ petition is disposed accordingly. Send a copy of the judgment to the court concerned forthwith. S.S.SATHEESACHANDRAN JUDGE prp