IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 OP(C).No. 1130 of 2010() ------------------------ OS.342/2004 of ADDL.SUB COURT, PALAKKAD .................... PETITIONERS: -------------------- 1. MOHAMMED ABDUL KHADER, AGED 66 YEARS S/o. LATE ALI MOHAMMED ROWTHER, KAMBRATHUCHALLA MUTHALAMDA, MUTHALAMADA NO.1 VILLAGE CHITTUR TALUK, PALAKKAD DISTRICT 2. KAJAHUSSAIN, AGED 46 YEARS S/o. LATE ALI MOHAMMED ROWTHER, KAMBRATHUCHALLA MUTHALAMDA, MUTHALAMADA NO.1 VILLAGE CHITTUR TALUK, PALAKKAD DISTRICT 3. ABDUL HASSAN AGED 49 YEARS S/o. LATE ALI MOHAMMED ROWTHER, KAMBRATHUCHALLA MUTHALAMDA, MUTHALAMADA NO.1 VILLAGE CHITTUR TALUK, PALAKKAD DISTRICT BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: --------------- 1. AMMATHUL HABEEBA, AGED 58 YEARS S/o. LATE ALI MOHAMMED ROWTHER, KAMBRATHUCHALLA MUTHALAMDA, MUTHALAMADA NO.1 VILLAGE CHITTUR TALUK, PALAKKAD DISTRICT-678002 2. NOORJAHAN (DIED 3. KRISHNASWARMY, AGED 32 YEARS S/o. CHELLAPPA GOUNDER, MUCHANKUNDU NONDIPATHYKAD, MUTHALAMADA, GOVINDAPURAM CHITTUR TALUK, PALAKKAD 678507 4. UTHARARAJ, AGED 39 YEARS S/o. CHELLAPPA GOUNDER, MUCHANKUNDU NONDIPATHYKAD, MUTHALAMADA, GOVINDAPURAM CHITTUR TALUK, PALAKKAD 678507 5. RANGARAJ, AGED 34 YEARS S/o. CHELLAPPA GOUNDER, MUCHANKUNDU NONDIPATHYKAD, MUTHALAMADA, GOVINDAPURAM CHITTUR TALUK, PALAKKAD 678507 OP(C).No. 1130 of 2010 6. SIVASWAMI S/o. PAZHANIAPPA GOUNDER, AANAKETTI MEDU MUTHALAMADA, CHITTUR TALUK, PALAKKAD DISTRICT-678507 7. M E MEERANKUTTY, AGED 72 YEARS S/O. IBRAHIM SAHIB LAILA MANZIL MAMPADU, KIZHAKKANCHERRY, VADAKKANCHERRY ALATHUR TALUK, PALAKKAD DISTRICT-678683 8. M SHAHUL HAMEED, AGED 44 YEARS S/O. M E MEERANKUTTY, LAILA MANZIL MAMPADU, KIZHAKKANCHERRY, VADAKKANCHERRY ALATHUR TALUK, PALAKKAD DISTRICT-678683 9. M LAILA, AGED 44 YEARS W/o. KASAPPA, NANDANKIZHAYA, MUTHALAMADA, CHITTUR TALUK, PALAKKAD DISTRICT-678507 10. M. MEHRUNNISA, AGED 45 YEARS W/o. ALFAROOQ, MANCHIRA, KOLLENGODE CHITTUR TALUK, PALAKKAD DISTRICT - 678507 11. M SHIFA, AGED 35 YEARS W/o. SHAHUL HAMEED, SHAH LABORATORY BANGLAKUNNU, OPP. NEW BHRARATH MODERN RICE MILL VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT-678506 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ------------------------- O.P (C) No.1130 of 2010 -------------------------- Dated this the 13th day of December, 2010 J U D G M E N T Defendant Nos.1 to 3 in O.S.No.342 of 2004 of the court of learned Sub Judge, Palakkad are the petitioners before me. Respondent No.1 sued them and others for partition and separate possession of her share in the property. Petitioners set up Ext.P1, said to be a family arrangement allegedly executed by respondent No.1. It is the case of petitioners that the said document was prepared in the handwriting of son of respondent No.1 and her son also signed as one of the mediators. Though a document was produced along with the written statement, it is contended that respondent No.1 did not file any replication disputing Ext.P1. When she was in the box, she denied execution of document. Thereon, petitioners filed three applications, one to send Ext.P1 to the expert for opinion and the others, to issue summons to the son and husband of respondent No.1 as witnesses on the side of petitioner and to reopen the case for evidence of petitioners. Those applications were dismissed on 03-12-2010. Petitioners prayed for a carbon copy but so far they are not issued with a carbon copy. Hence this petition. Learned counsel requested that O.P(C).No.1130 of 2010 : 2 : case is posted on 15-12-2010 for hearing and that if before the impugned orders are challenged the suit is disposed of, petitioners will be put to irreparable loss and injury. Having regard to the circumstances stated learned Sub Judge, Palakkad is directed to issue carbon copy of the orders dated 03-12-2010 on I.A.Nos.4595, 4596 and 4597 of 2010 if applied for, within a week from this day. Disposal of the case shall stand adjourned to a day after reopening of the court after Christmas vacation. This petition is disposed of as above. THOMAS P JOSEPH JUDGE Sbna/