IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 OP(C).No. 347 of 2011(O) ------------------------ AS.43/2010 of DISTRICT COURT,THODUPUZHA .................... PETITIONER : ---------------------- PAUL THOMAS, PARATHAZHATHU HOUSE, VANNAPPURAM POST, THODUPUZHA BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): --------------- ABRAHAM, S/O.THOMAS PARATHAZHATHU HOUSE, KARIMANNOOR KARA & VILLAGE THODUPUZHA TALUK 685 581 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 347/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE AFFIDAVIT AND PETITION DATED 30.10.2010 BY THE PETITIONER. EXT.P2: COPY OF THE ORDER DATED 1.11.2010 IN I.A.NO.693/2010 IN A.S.NO.43 OF 2010, DISTRICT COURT, THODUPUZHA. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. ---------------------------------- O.P.(C) No.347 of 2011 ---------------------------------- Dated this the 11th day of March, 2011 JUDGMENT The application for return of a document filed by the petitioner was rejected by the District Court, Thodupuzha, though the prayer was not opposed by the respondent. The application was dismissed only on the ground that the Appeal is pending. That is not a ground for rejecting the application. If the court below thought that a registration copy of the document should be substituted, it could direct the party to do so. It is stated by the counsel for the petitioner that the original of the document is not required for the disposal of the Appeal as the genuineness or otherwise of the execution or registration of the document is not in dispute. 2. It is seen that the affidavit in support of the O.P.(C) No.347 of 2011 2 application is not filed by the petitioner, but by his advocate. The advocate could not swear to an affidavit as to the purpose for which the document is required. The advocate also cannot undertake to return the document. Therefore, the petitioner should have filed an affidavit. 3. In the peculiar facts and circumstances of the case and in the manner in which the Original Petition is being disposed of, I think the document can be directed to be returned to the petitioner on the following conditions : (i) The petitioner shall file an affidavit before the appellate court indicating the purpose for which the document is required. (ii) He must produce registration copy of the document for substitution. (iii) The petitioner has to indicate in the affidavit that the original of the document is not required for the purpose of disposal of the Appeal and that the O.P.(C) No.347 of 2011 3 execution or registration of the document is not in question in the suit. 4. If such an affidavit is filed and all the other formalities are complied with, the court below shall consider the same and allow the request for return of the document. For the limited purpose of consideration of the application afresh, the order dated 1st November, 2010 in I.A.No.693 of 2010 in A.S.No.43 of 2010, District Court, Thodupuzha is set aside. The Original Petition is disposed of as above. K.T.SANKARAN JUDGE csl