IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 25554 of 2008(P) ---------------------------------------- (O.S.NO.1098/1994 OF II ADDL.MUNSIFF'S COURT, ERNAKULAM) PETITIONER: -------------------- LEELA PURUSHAN, AGED 65, W/O.LATE PURUSHAN, KOZHIPPARAMBY HOUSE, WARD NO.II, MARADU P.O., ERNAKULAM. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT: ------------------------- ALICE GEORGE, AGED 50, W/O. GEORGE, KEERTHIVELLANIPARAMBU HOUSE, MARADU DESOM, MARADU P.O. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.25554 of 2008 ------------------------------- Dated this the 25th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for the following reliefs:- 1) to issue a carbon copy of the order passed by court in Ext.P9 application. 2) to set aside the order passed in Ext.P9 application. 3) for a direction to recall the Commissioner who is examined as DW.3. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel appearing for the petitioner is that learned Munsiff should have allowed Ext.P9 application and dismissal of the application is illegal and W.P.(C) No.25554 of 2008 2 the order is not sustainable. It is also submitted that in spite of the application, carbon copy of the order applied for was not granted. 4. Without challenging the order, by producing the order passed in Ext.P9 application, the order cannot be challenged or set aside. So also, the third relief sought for is the prayer made in Ext.P9 application, which can decided only if the order in Ext.P9 is challenged. In such circumstances, those reliefs cannot be granted. 5. Additional Munsiff, Ernakulam, is directed to issue carbon copy of the order passed in Ext.P9 application, as expeditiously as possible, at any rate, within three days from the date of receipt of a copy of this order. Learned Munsiff not to dispose the suit for five days from today. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.