IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1269 of 2010(R) ------------------------------------- OP.842/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER(S): ---------------------- G.SHYAMLAL, SYAMALAYAM, ANANDESWARAM, ARYANADU, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------- K.SURENDRANATH, SABU NIVAS, NAGAROOR P.O., KILIMANOOR, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. ------------------------------- W.P.(C).NO. 1269 OF 2010 ------------------------------- DATED THIS THE 4TH DAY OF JANUARY, 2011 JUDGMENT This writ petition is filed by the lst plaintiff in O.S.No.114/1977 on the files of the lst Additional District Court, Ernakulam. Ext.P6 order passed by the said court dismissing I.A.Nos.5374/10 and 6430/10 is under challenge. I.A.No.5374 was filed before the District Court, Ernakulam for a direction to the Receivers to produce the original title deeds of the Church and its properties before the court and I.A.No.6430/10 filed to reopen the case for evidence of the plaintiffs. 14 documents are found missing from the records. Therefore steps for reconstruction of the same had been initiated by the court. In Ext.P6 order the court below observed that in spite of issuance of notice to both sides and receivers, no documents have been produced in the case, so as to enable the court to re-construct the documents. Thereafter, with the permission from this Court the court proceeded further to dispose -2- WP(C).No.1269/2010 of the case with the available records. When the case was posted for arguments, the plaintiffs filed the above-said applications. The court below dismissed the said applications. 2. It is submitted at the bar that the time granted for disposal of the suit will expire on 13/1/2011. Therefore the learned counsel requested that the time may be extended for a further period of three months. In the circumstances the time granted for disposal of the suit is extended till 13/4/2011. The suit shall be disposed of within the extended period. 3. The learned counsel for the plaintiffs submitted that in the interest of justice a direction may be issued to the Receivers to produce the original title deeds of the Church and its properties before the District Court, Ernakulam. 4. After hearing both sides and in the light of the fact that the time for disposal of the suit is extended till 13/4/2011, this Court is of the view that another opportunity can be granted for production of records. In the circumstances, there will be a -3- WP(C).No.1269/2010 direction to the Receivers to produce the original title deeds of the Church and its properties before the District Court, Ernakulam or to file an affidavit stating the true facts relating to the custody or existence of the documents within a period of six weeks from today. The learned counsel for the respondents/defendants submitted that the recasting of the pleadings may be made on the basis of the records now available. The learned counsel for the plaintiffs also did not oppose the said request. The request is allowed. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -4- WP(C).No.1269/2010