IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 35926 of 2008(B) -------------------------- AGAINST THE ORDER IN IA 250/06 AND IA 52/07 IN OS.156/2005 of M.C.,PARAPPANANGADI .................... PETITIONER(S): ------------------------ P.P.PATHUMMA HAJJUMMA, D/O.MOOSAKUTTY, MUNDALAYI VEEDU, ANTHIYOORKUNNU-MUTTAYOOR, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADVS. MR.K.RAMACHANDRAN, MR.S.SREEDEV. RESPONDENT(S): --------------------------- 1. P.P.KUNHALIKUTTY, S/O.UNNIMOIDEEN KUTTY MOULAVI, ERNAD TALUK, CHERUKARA-CHEVAYOOR, MALAPPURAM DISTRICT. 2. P.P.ABDUL GAFOOR MOULAVI, S/O.UNNIMOIDEENKUTTY DO, DO. 3. P.P.AYISHA, D/O.UNNIMOIDEENKUTTY MOULAVI, DO, DO. 4. P.P.HASSAN, S/O.UNNIMOIDEENKUTTY MOULAVI, DO, DO. R1 TO R3 BY ADVS. MR.R.BINDU (SASTHAMANGALAM) MR.PRASANTH M.P., MR.P.N.SREENIVASAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35926/2008 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF I.A.NO.250/06 IN O.S.NO.156/2005 BEFORE THE MUNSIFF COURT, PARAPPANANGADI FILED ON 30/01/2007. P2: COPY OF THE ORDER DTD.20/11/2008 IN I.A.NO.250/06 IN O.S.156/05 BY THE MUNSIFF COURT, PARAPPANANGADI. P3: COPY OF AFFIDAVIT SUPPORT IN I.A.NO.52/07 IN O.S.NO.156/2005 BEFORE THE MUNSIFF COURT, PARAPPANANGADI DTD. 29/01/2007. P4: COPY OF THE COUNTER FILED BY THE DEFENDANT TO EXT.P4 I.A. DTD. 3/1/2007. P5: COPY OF THE ORDER OF THE LEARNED MUNSIFF DTD. 20/11/2008 IN I.A.NO.52/07 IN O.S.NO.156/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.35926 OF 2008 -------------------------- Dated this the 8th day of October 2009 ------------------------------------- JUDGMENT Writ petition is filed by the defendant in O.S No.156 of 2005 on the file of the Munsiff Court, Parappanangadi. Suit is one for partition. Court fee paid in the suit was challenged by the defendant in his written statement. He also filed an application raising some interrogatories to be answered by the plaintiffs. Both the applications after consideration were turned down by the learned Munsiff vide Exts.P2 and P5 orders. Ext.P2 is the order passed regarding the question relating to the valuation and court fee payable. Ext.P5 over the interrogatories raised by the defendant. At the time of hearing, the learned counsel for the respondent/plaintiff submitted that an amendment W.P.(C).No.35926 OF 2008 Page numbers was carried out in the plaint by which the suit has to be presented before the Sub Court, Tirur. In view of the subsequent development as indicated above, it is submitted, the challenges raised in the present writ petition are not germane for consideration. Submission so made by the counsel for the respondent is accepted by the counsel for the petitioner. So much so, as no further orders are required in the writ petition, it is closed. S.S.SATHEESACHANDRAN, JUDGE vdv