IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35063 of 2009(O) -------------------------- PETITIONER(S): --------------- HAMZA HAJI, S/O. C.C.POKKU, CHOLAKKAL CHEPPALA, VALAVANNUR AMSOM DESOM, VALAVANNOOR, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------- ABDUL HAMEED.C.C., S/O. C.C.POKKU, CHOLAKKAL CHEPPALA, VALAVANNUR AMSOM DESOM, VALAVANNOOR, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.35063 OF 2009 -------------------------------- Dated this the 7th day of December 2009 ---------------------------------------------------------- JUDGMENT Writ petition is filed by the sole defendant in O.S No.144 of 2008 on the file of the Sub Court, Tirur. The above suit is one for partition, and the respondent is the plaintiff. Parties are stated to be brothers and on the application moved by the respondent/plaintiff to appoint a receiver over the suit properties, the court below appointed the petitioner/defendant as the receiver directing him to file accounts every quarter. Admittedly in the plaint items, there are 42 rooms which are under the occupation of the tenants. Ext.P3 is the copy of the order appointing the petitioner as the receiver over the suit properties and it is dated 04/04/2009. After the first quarter, when the petitioner/defendant filed his statement of account as to the collection of rent from the tenants, it was objected to by the plaintiff. He also moved an application (Ext.P4) for an order W.P.(C).No.35063 OF 2009 Page numbers from the court to summon some bank officials in three banks in which the petitioner/defendant is operating bank accounts to verify remittance of the rent collected from the tenants. That application was objected to by the petitioner contending that his accounts are not liable to be disclosed. Overruling that objection, according to the learned counsel for the petitioner, the court below has issued summons directing the witnesses to produce the account details of the petitioner. Though the petitioner has applied for a copy of the order, it has not been supplied so far. The writ petition has been filed invoking the supervisory jurisdiction of this court for issue of a writ/direction/order for issuing a carbon copy of the order passed in Ext.P3 application of the respondent/plaintiff and also granting a breathing time to the petitioner to challenge that order by staying operation of that order. 2. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to W.P.(C).No.35063 OF 2009 Page numbers the respondent is necessary and hence it is dispensed with. There will be a direction to the court below to issue copy of the order passed in Ext.P3 application to the petitioner within ten days from the date of receipt/production of a copy of this judgment. The court below is also directed to keep in abeyance the operation of the order passed on Ext.P3 application for a period of three weeks from the date of this judgment. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv