IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 22552 of 2008(I) -------------------------- OS.291/1998 of MUNSIFF'S COURT.,TRIVANDRUM .................... PETITIONER: -------------------- M/S. BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS DEPUTY MANAGER, KOCHUVELI, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------------------ 1. C.D. VINCENT, S/O.CHEMMANNUR DEVASSY, T.C.NO.11/549, CLIFF HOUSE ROAD, NANDANCODE, THIRUVANANTHAPURAM. 2. BINDU JOSEPH, CHETTUPUZHA VEEDU, ECHATTU JUNCTION, HOSPITAL ROAD, KOCHI. 3. BEENA THOMAS, VATTA PUTHEN VEEDU, MOHAMMA. 4. S.M.KHAN, NANU AUTO FUELS, ATTAKULANGARA, HOUSE NO.48, JN.RESIDENCY, THAMPANOOR, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.22552 OF 2008 =========================== Dated this the 25th day of July, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India for several reliefs. But only reliefs 2 and 3 were pressed. Second prayer is for a direction to the trial court to permit the petitioner to adduce evidence to cross examine the witness already examined by reopening the evidence in O.S.399/1998. The third prayer which is the only other relief pressed in the writ petition is for a direction to the trial court to issue a carbon copy of the order dated 22/7/2008 in Ext.P1 which is an application to review the order dated 7.7.2008 and to reopen the suit for evidence and to recall the witness already examined and to permit petitioner to adduce evidence. Even according to petitioner, petitionr is seeking the third relief to challenge the order in Ext.P1. The correctness of that order cannot be considered in this Writ W.P.(C)22552/2008 2 Petition. Therefore the second relief sought for cannot be granted in this Writ Petition. 2. As it is submitted that petitioner has filed an application to issue carbon copy of the order dated 22.7.2008 in Ext.P1 as it is not so far given, learned Munsiff is directed to issue carbon copy of the order dated 22.7.2008 in I.A.5846/2008 in O.S.291/1998 as expeditiously as possible, at any rate, within three days from the date of receipt of a copy of this judgment. Though learned counsel appearing for the petitioner sought a further direction not to dispose the suit till the petitioner is granted carbon copy, on the facts and circumstances, I am not inclined to grant that relief. But the learned Munsiff is to hear the arguments of the counsel appearing for the petitioner if he is prepared to address arguments in the suit. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- W.P.(C)22552/2008 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006