IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29965 of 2008(P) -------------------------- OS.17/2007 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: -------------------- MANI, W/O.SWAMINATHAN, AGED 53 YEARS, CHIRIYATH HOUSE, VADAVUKODU P.O., KANGARAPADY, KOCHI – 21. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------------------ 1. PAPPY, W/O.AYYAPPAN, KARATHANAMPARAMBIL HOUSE, UDAYAMPEROOR P.O., MANGAIKAVALA, ERNAKULAM. 2. K.T.VELYAUDHAN, S/O.THAMPY, KARATHANAMPARAMBIL HOUSE, UDAYAMPEROOR P.O., MANGAIKAVALA, ERNAKULAM. 3. AMMINI, W/O.KUTTAN, KARATHANAMPARAMBIL HOUSE, UDAYAMPEROOR P.O., MANGAIKAVALA, ERNAKULAM. 4. VINU, S/O.KUTTAN, KARATHANAMPARAMBIL HOUSE, UDAYAMPEROOR P.O., MANGAIKAVALA, ERNAKULAM. 5. OMANA, D/O.AYYAPPAN, KARATHANAMPARAMBIL HOUSE, UDAYAMPEROOR P.O., MANGAIKAVALA, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). No. 29965 OF 2008 --------------------- Dated this the 13th day of October, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the learned 1st Addl. Sub Judge, Ernakulam, to issue the carbon copy of the order dated 7.10.08 in O.S. No.17/07 answering the preliminary issue regarding the valuation of the suit. 2. Learned counsel for the petitioner submits that plaintiff's case in the suit for partition is that of joint possession and that she has valued the suit under section 37(2) of the Court Fee Act. The court without considering that contention had directed her to pay the court fee under section 37(1) for separate possession. It is that order which the plaintiff wants to challenge. 3. I feel an opportunity has to be given to the petitioner to challenge the order. Therefore, I direct the learned 1st Addl. Sub Judge to issue carbon copy of the order as expeditiously as possible, at any rate, within five days from today and not to proceed with the suit on the basis of the order passed, for a period of two weeks from today. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps 2