IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH JUNE 2007 / 8TH ASHADHA 1929 WP(C).No. 22407 of 2006(P) ----------------------------------- AGAINST THE ORDER IN IA1204/06,IA 1517/06 IN OS.109/2003 of MUNSIFF COURT, TIRUR .................... PETITIONER: ------------------ SAIDALAVI, S/O.YAHU, KUMMLIL, OZHUR, KORAD, THIRUR TALUK. BY ADV. SRI.A.KRISHNAN RESPONDENTS: --------------------- 1. VATTAPPARA MOIDEEN, S/O.KUTTIYALI, THOZHAVUR, KALPAKANCHERRY, TIRUR. 2. ANWAR ALI, S/O.MOIDEEN, THOZHAVUR, KALPAKANCHERRY, TIRUR. 3. ABBAS, VATTAPARAMBIL, TIRUR. 4. BABU, S/O.MUHAMMDUNNI, VATTAPPARAMBIL, TIRUR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22407 of 2006(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 6.7.2006. EXT.P2: COPY OF THE APPLICATION DATED 6.7.2006. EXT.P3: COPY OF THE APPLICATION DATED 17.8.2006. EXT.P4: EXTRACT OF THE ORDER DATED 18.8.2006. EXT.P5: EXTRACT OF THE ORDER DATED 18.8.2006. RESPONDENT'S EXHIBITS: NIL ....... BKN // TRUE COPY // P.A. TO JUDGE. M.N.KRISHNAN, J =========== W.P.C.NO. 22407 OF 2006 =================== Dated this the 29th Day of June, 2007. ========================= J U D G M E N T Heard learned counsel for the Writ Petitioner. The matter is pending in this court for almost one year and whereas the learned Munsiff has dismissed the applications stating that the purpose of list system will be defeated if there is no time bound compliance of the provisions of the Code of Civil Procedure. At this distance of time, it is desirable that an opportunity is given rather than postponing this issue. Therefore I allow this Writ Petition and permit the Writ Petitioner to summon the witness. The documents also may be summoned. But it is to be made clear that it may be received and admitted on relevancy, proof and admissibility. The Writ Petition is disposed of accordingly. M.N.KRISHNAN JUDGE bkn