IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 6115 of 2010(O) -------------------------------------- O.S.687/2005 AND 217/2008 OF PRL. SUB COURT, THRISSUR. ................. PETITIONER(S): ---------------------- DIVINE SUPER SHOPPE (P) LTD., REPRESENTED BY MANAGING DIRECTOR, JOHN PALIAKKARA, S/O.OUSEPH, PALIAKKARA HOUSE, MAIN ROAD, KURIACHIRA.P.O, THRISSUR. BY ADV. MR.JIJO PAUL RESPONDENT(S): -------------------------- C.D. JOSE, S/O.LATE CHIRAMMEL KUNJAVOO DEVASSY, CHIRAMMEL KUNJAVOO HOUSE, AYYANTHOLE, THRISSUR-3. BY ADV. MR.PEEYUS A.KOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6115/2010-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S. NO.217/2008 ON THE FILE OF THE COURT OF SUB JUDGE, THRISSUR DATED 08/09/2005. EXT.P2: COPY OF THE WRITTEN STATEMENT DATED 25/08/2006 FILED BY THE RESPONDENT HEREIN IN EXHIBIT P1. EXT.P3: COPY OF THE PLAINT DATED 27/07/2005 IN O.S. NO.687/2005 ON THE FILE OF THE SUBORDINATE JUDGES COURT, THRISSUR. EXT.P4: COPY OF THE WRITTEN STATEMENT DATED 29/11/2005 FILED BY THE PETITIONER IN EXHIBIT P3 SUIT. EXT.P5: COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND OTHERS AND THE RESPONDENT DATED 19/05/2000. EXT.P6: COPY OF THE PROOF AFFIDAVIT DATED 08/01/2010 FILED BY THE RESPONDENT ALONG WITH HIS DEPOSITION IN O.S. NO.687/2005. EXT.P7: COPY OF THE EXTRACT ORDER AS COPIED AND DULY ATTESTED TO BE CORRECT BY THE COUNSEL APPEARING FOR THE PETITIONER HEREIN IN THE COURT BELOW. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 6115 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 5th day of March, 2010 JUDGMENT In this writ petition filed under Article 227 of the Constitution of India the petitioner seeks the following reliefs:- i) to call for the originals of the records leading to Ext.P7; ii) to issue a writ of certiorari quashing the proceedings dated 2-2-2010 in O.S. No.687 of 2005 on the file of the Court of Principal Subordinate Judge, Thrissur; iii) to declare that Ext.P5 cannot be accepted in evidence as being hit by section 49(c) of the Registration Act, 1908 and iv) to grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. Petitioner is the plaintiff in O.S.No.217 of 2008 before the Sub Court, Thrissur. The suit was originally filed as O.S. No.2975 of 2005 before the Munsiff's Court, Thrissur and it was transferred to Sub Court, Thrissur to be tried along with O.S. No.687 of 2005 on W.P.(C) No. 6115/2010 2 the file of that court, between the same parties regarding the same subject matter. 3. The main grievance is regarding Ext.P7 order. The objection stated in the order is that there has been a premature determination of the issue regarding the purpose for which the document was produced. 4. According to the counsel for the petitioner, it is too early to adjudicate about the authenticity of the document. That has to be decided at the time of the trial and while determining whether the arrangement is a lease or licence. Reserving the liberty of the petitioner to raise all his contentions despite the present order, this writ petition is dismissed. P.BHAVADASAN, JUDGE sta W.P.(C) No. 6115/2010 3