IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1929 WP(C).No. 24488 of 2003(M) -------------------------- PETITIONER(S): --------------- K. ABDUL RASHEED, S/O. MOIDU HAJI, KUTTIADY AMSOM, URATH DESOM, VADAKARA. BY ADV. SRI.R.PARTHASARATHY SMT.S.LAKSHMY RESPONDENT(S): --------------- M.K. ASIA NAJJUMMA, D/O. ALIKUTTY, MUKKATH KOLLANDY HOUSE, KUTTIADY AMSOM, THENDIPOYIL DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. ADV. SRI.P.K.BEHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24488/2003 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE WRITTEN STATEMENT DATED 31/5/2003. EXT.P2: COPY OF THE JUDGMENT IN O.S. NO.33/2003 BEFORE THE MUNSIFF COURT, NADAPURAM DATED 18/6/2003. EXT.P3: COPY OF THE APPLICATION FILED BEFORE THE MUNSIFF COURT, NADAPURAM DATED 19/7/2003. EXT.P4: COPY OF THE ENDORSEMENT ON THE DOCKOT OF THE APPLICATION. EXT.P5: COPY OF THE ENDORSEMENT MADE ON THE WRITTEN STATEMENT RETURNING THE SAME. /TRUE COPY/ P.A. TO JUDGE. PIUS.C.KURIAKOSE J. ------------------------ W.P.(C)No. 24488 of 2003 ------------------------ Dated this the 28th day of January, 2009 JUDGMENT On behalf of Sri.Parthasarathy, learned counsel for the petitioner, an adjournment is sought for. But, I feel that the petitioner has not made out a ground for invocation of the supervisory jurisdiction of of this court under Article 227 of the Constitution in this case. In a suit, which was filed by the respondent, who is the landlord of the petitioner, the petitioner filed a counter claim. But, obviously the filing of the counter claim was after the suit itself was dismissed by the learned Munsiiff on the basis of a statement by the plaintiff that the suit has become infructuous. The plaintiff is the dominus litis and the court below cannot be blamed for having refused to entertain the counter claim. I dismiss this writ petition. But, I make it clear that neither the order of the learned Munsiff, nor this judgment will stand in the way of the petitioner filing a fresh suit against the WPC.No. 24488/2003 2 respondent on any genuine and subsisting cause of action. PIUS.C.KURIAKOSE,JUDGE dpk