IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No.3634 of 2009 (G) -------------------------------- OS.345/2004 of MUNSIFF COURT, PUNALUR .................... PETITIONER: --------------- BEENA MADANAN,W/O.MADANAN, M.B.M.HOUSE, AGASTHYACODU MURI,PATHANAPURAM TALUK, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ------------------ 1. VARIJAKSHAN, S/O.ODIVAKARAN, SAKTHY BHAVAN, AGASTHYACODU MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. SUJA, W/O.VARIJAKSHAN, SAKTHY BHAVAN, AGASTHYACODU MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.3634 OF 2009 ------------------------------------------------ Dated this the 3rd day of February, 2009 JUDGMENT The grievance of the petitioner who is the plaintiff in the suit, urged before me by her counsel is that after disposal of the Writ Petition by this Court vide Ext.P6 judgment, the court below has passed Ext.P7 order to the following effect:- “Plaintiffs and witness not present. Defendant represented. Since the matter is already listed and the order passed in I.A.2422/06 is not set aside, the matter is posted for trial to 4/02/09.” 2. According to the counsel, Ext.P7 order runs counter to the directions given by this Court in Ext.P6 judgment and therefore, Ext.P7 has to be quashed and the Munsiff, Punalur has to be directed to take evidence in Ext.P4 I.A.2422/06 and to stay the trial of the suit and not to list the suit for trial. W. P. C. No.3634 OF 2009 -2- 3. I am sorry to see such a Writ Petition having been filed by the counsel. I can observe only that this Writ Petition is filed as the counsel has not understood as to what is the direction given in Ext.P6. Had he understood the meaning of what is stated in Ext.P6, he would not have approached this Court assailing Ext.P7. 4. This Writ Petition is devoid of any merit and is dismissed. If at all a copy of this judgment is applied for, issue copy only along with copy of my judgment dt.06/01/09 in W.P.C.410/09 (Ext.P6). K.P.BALACHANDRAN, JUDGE kns/-