IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No.2834 of 2009 (K) -------------------------------- AGAINST THE ORDER IN I.A.17/2009 IN OS.430/2007 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER: --------------- CHANDRAN ,S/O.KAREKKAT VELUKUTTY, METHALA VILLAGE,KODUNGALLUR TALUK. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENTS: ----------------- 1. SHAILAPPAN ,S/O.MULLANGATH KOCHURAMAN, METHALA VILLAGE,KODUNGALLUR TALUK. 2. PRAKASAN,S/O. MADATHINGAL APPUTTY ERIYAD VILLAGE, KODUNGALLUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.2834 OF 2009 ------------------------------------------------ Dated this the 27th day of January, 2009 JUDGMENT This Writ Petition is filed by the plaintiff in O.S.430/07 pending before the Munsiff's Court, Kodungallur. It is submitted that the suit was in the list on 17/01/09 and that it is now posted to 28/01/09. 2. Counsel for the petitioner submits that on 17/01/09 there was no sitting in the court below and the case was adjourned for trial to 20/01/09 and it is on the application of the petitioner that the case was adjourned to 28/01/09 and that it was on 20/01/09 that the court passed Ext.P7 order which is sought to be got set aside in this Writ Petition. Ext.P7 does not contain any date on which the said order was passed. It is not a carbon copy or a certified copy of the order. It is written beneath Ext.P7 that it is a true copy W. P. C. No.2834 OF 2009 -2- of the findings in I.A.17/09 in O.S.430/07 pending before the Munsiff's Court, Kodungallur written down by petitioner's counsel. 3. Counsel for the petitioner submits that this is order taken down by counsel in the court below. It appears that the counsel is of the view that any order can be written up like this and made subject matter of attack in a writ petition. Counsel for the petitioner submits that he applied for carbon copy of the said order on 21/01/09 and that till now he has not received carbon copy of the order. Counsel for the petitioner is unable to say the number of the copy application so filed in the court below. I have no doubt that if at all a carbon copy of the order dt.20/01/09 was applied for on 21/01/09 a copy would certainly have been issued at least in two or three W. P. C. No.2834 OF 2009 -3- days. This Writ Petition is filed as late as on 27/01/09 i.e. on this day. Without prejudice to the petitioner approaching this Court again with a proper copy of the impugned order, I dismiss this Writ Petition. K.P.BALACHANDRAN, JUDGE kns/-