IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 OP(C).NO. 428 OF 2010(O) --------------------------------------- OS.745/2009 OF PRL.SUB COURT,IRINJALAKUDA .................... PETITIONER: -------------------- FRANKO.E.P, AGED 51 YEARS, S/O.POULOSE,ERUMAKKATTUPARAMBIL HOUSE, RAMAKRISHNA IYYER ROAD,MANAVALASSERY VILLAGE PO, IRINJALAKUDA,THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): -------------------------- 1. K.V.ANTONY,AGED 80,S/O.VAREED , MALIYEKKAL KUNDUPARAMBIL HOUSE, PO PAZHUVIL, THRISSUR DISTRICT 680 564. 2. E.P.JOSE,AGED 46 YEARS, S/O.POULOSE,ERUMAKKATTUPARAMBIL HOUSE, KALPARAMBA,ARIPALAM PO, POOMANGALAM VILLAGE, THRISSUR DISTRICT 680 688. 3. THE CANARA BANK,IRINJALAKUDA BRANCH, REP.BY THE CHIEF MANAGER, CANARA BANK,MAIN ROAD, IRINJALAKUDA PO, THRISSUR DISTRICT 680 125. ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1 SRI.P.B.KRISHNAN FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO.745 OF 2009 ON THE FILE OF SUB COURT, IRINJALAKUDA DATED 20.2.2007. EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN EXT.P1 SUIT DATED 19.6.2010. EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S. NO.728 OF 2009 BEFORE THE SUB COURT, IRINJALAKUDA DATED 14.12.2009. EXHIBIT P4 TRUE COPY OF THE APPLICATION I.A. NO.3801 OF 2010 IN EXT.P1 DATED 18.10.2010. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== O.P(C) No.428 of 2010 ==================================== Dated this the 26th day of October, 2010 J U D G M E N T Respondent No.1 filed O.S. No.745 of 2009 of the court of learned Sub Judge, Irinjalakuda against petitioner and respondent Nos.2 and 3. Petitioner is the son-in-law of respondent No.1 and brother of respondent No.2. Petitioner and respondent No.2 availed cash credit facility from respondent No.3 on 06.06.2006 and the property of petitioner and respondent No.2 were offered as security to respondent No.3. Respondent No.1 claimed that he had to discharge the liability and in turn filed O.S. No.745 of 2009 for a decree for recovery of the amount by sale of the property which was offered as security to respondent No.3. It is the case of petitioner-defendant No.1 that he had some other transactions with respondent No.2 while at Dubai and in connection with that, there were cases and those cases were decided. It is also the case of petitioner that respondent No.1 has filed O.S. No.728 of 2009 as Power of Attorney of respondent No.2 for partition of certain properties. Petitioner would say that respondent Nos.1 and 2 are colluding to defeat him. In the meantime O.S. No.745 of 2009 O.P(C) No.428 of 2010 -: 2 :- was posted for steps on 18.10.2010. According to the petitioner, without even including the case in the list for trial it is posted on 27.10.2010 for evidence. Petitioner wants certain documents which are to be obtained from Dubai to be produced in support of his contention in O.S. No.745 of 2009. But since case is posted on 27.10.2010 he is not in a position to get those documents and produce the same and hence this petition seeking a direction to the learned Sub Judge to postpone trial of O.S. No.745 of 2009. Learned Senior Advocate appearing for respondents would contend that respondent No.1 has nothing to do with the case between petitioner and respondent No.2 and the attempt of petitioner is to prolong the case. 2. Fact remains that case was not included in the list for trial and it was posted for evidence on 27.10.2010 when it was taken up on 18.10.2010. Presently I am not going into the question whether the documents being relied upon by the petitioner are relevant for consideration. But petitioner must be given opportunity to adduce evidence in support of his case. Learned counsel states that petitioner is prepared to produce all his evidence before 18.12.2010 and that the case could be posted for evidence on any day thereafter. Having regard to the O.P(C) No.428 of 2010 -: 3 :- facts and circumstances of the case I am inclined to allow the request. Hence the learned Sub Judge, Irinjalakuda is directed to post O.S. No.745 of 2009 for evidence to a day after 18.12.2010. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv