IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 OP(C).No. 119 of 2011(O) ------------------------------------ OS.244/2003 of MUNSIFF COURT, PUNALUR .................... PETITIONER ----------------- A.K.NAZAR, S/O.ABDUL KAREEM, THERIPURATH PUTHENVEEDU,KARYARAMURIYIL, VILAKKUDI VILLAGE, PATHANAPURAM,PRESENTLY AT HOUSE NO.53 (OLD) MYLAPPUR TRIPLIAN STREET, CHINNAPPATTU, CHENNAI-2. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------------- 1. ABDUL MAJEED, THERIPPURATHU PUTHENVEEDU, KARYARA MURI, VILAKUDY VILLAGE,PATHANAPURAM TALUK, KARYARA PO, PIN 691 332. 2. ARIFA, THERIPPURATHU PUTHENVEEDU KARYARA MURI, VILAKUDY VILLAGE,PATHANAPURAM TALUK, KARYARA PO, PIN 691 332. 3. ABDUL RASHEED, THERIPPURATHU PUTHENVEEDU KARYARA MURI, VILAKUDY VILLAGE,PATHANAPURAM TALUK, KARYARA PO, PIN 691 332. 4. SALEEMATH, THERIPPURATHU PUTHENVEEDU KARYARA MURI, VILAKUDY VILLAGE,PATHANAPURAM TALUK, KARYARA PO, PIN 691 332. 5. NASEEMA, THERIPPURATHU PUTHENVEEDU KARYARA MURI, VILAKUDY VILLAGE,PATHANAPURAM TALUK, KARYARA PO, PIN 691 332. 6. NOORJAHAN, THERIPPURATHU PUTHENVEEDU KARYARA MURI, VILAKUDY VILLAGE,PATHANAPURAM TALUK, KARYARA PO, PIN 691 332. 7. HAYARUNNEESA, THERIPPURATHU PUTHENVEEDU KARYARA MURI, VILAKUDY VILLAGE,PATHANAPURAM TALUK, KARYARA PO, PIN 691 332. ADV. SRI.S.SREEKUMAR FOR R2,4,5,6,7 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ O.P(C).No.119 OF 2011 ------------------------------ Dated this the 14th day of February, 2011 JUDGMENT Counsel appears for respondents 2, 4, 5, 6 and 7. It is stated that the third respondent is employed in a Gulf country. The first respondent is reported dead. In the nature of the reliefs claimed in the Original Petition, I am of the view that it is not necessary to issue notice to the third respondent or to implead the Legal Representatives of the deceased first respondent. 2. The reliefs prayed for in the Original Petition are the following: i) Issue appropriate direction or order directing the Munsiff's Court, Punalur to pass orders on Ext.P5; ii) Issue appropriate orders or directions directing the Munsiff's Court, Punalur to remove Ext.P1 and P2 suits from the list on 12.1.2011; iii) Stay all further proceedings in O.S.244 of 2003 and O.S.107 of 2006 O.P(C).No.119 OF 2011 2 before the Munsiff's Court, Punalur, until the disposal of this Original Petition. iv) Award costs and v) Any other relief this Hon'ble Court deems fit.” 3. Ext.P5 is an application for amendment of the plaint. The petitioner has prayed for issuing a direction to the Munsiff's Court, Punalur to pass orders on Ext.P5. The respondents have no objection to this prayer being allowed. Their only contention is that they must be afforded an opportunity of being heard. 4. The only relief that can be granted in the Original Petition is relief No.(i). Accordingly, there will be a direction to the Munsiff's Court, Punalur to consider and pass orders on Ext.P5 application before commencing evidence in the case. Since the number of the I.A. is not mentioned in Ext.P5 application and no date O.P(C).No.119 OF 2011 3 is seen in Ext.P5 application, the learned Munsiff may not be able to identify which application is directed to be disposed of. Therefore, the petitioner shall produce a true copy of the Original Petition before the Munsiff's Court, Punalur and then only the direction in the judgment need be complied with. The Original Petition is partly allowed as above. K.T.SANKARAN, JUDGE. cms