IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 4121 of 2008(N) ------------------------- CS.134/2003 of MUNSIFF COURT, QUILANDY .................... PETITIONER: ------------ ARAMKOTTAKKAL PRABHAKARAN NAIR ARAMKOTTAKKAL HOUSE,AVIDANNALLUR AMSOM POONATH DESOM, KOYILANDY TALUK. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RAJAN RESPONDENTS: ------------- 1. EDOTHKANDI C.BHAYISWAMI PANNIYANKARA AMSOM, DESOM KOZHIKODE TALUK. 2. MELEKKANDIYIL APPUKKUTTY KAPPIKKUNNUMMAL, KIKNALUR AMSOM, DESOM P.O., KANNADIPOIL, KOYILANDY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4121 OF 2008 --------------------- Dated this the 4thday of February, 2008 JUDGMENT This writ petition is preferred to quash Ext.P2. A perusal of Ext.P2 would reveal that the plaintiff moved an application for adjournment, which was disallowed by the court. Thereafter, the plaintiff did not adduce any evidence. So the court recorded that the defendants are present and dismissed the suit with cost to defendants 1 and 2. It is a case where the defeated plaintiff is entitled to pursue his remedy under Order IX of the CPC. With that observation, this writ petition is closed. M.N.KRISHNAN, JUDGE vps