IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5756 of 2008(I) ------------------------------------ AGAINST THE ORDER DATED / / IN IA.560/08 IN OS.199/2007 of ADDL.M.C.,KOZHIKODE-I .................... PETITIONER: ------------------- ARIFA UMMER KOYA @ PUTHAN VEETTIL ARIFA UMMER, AGED 39 YEARS, D/O. P.A. MUHAMMED KOYA, 'SAHIL', 3/117, KATCHERI AMSOM, KURUMBRAKATTASSERI DESOM, WEST NADAKKAVU, KOZHIKODE TALUK, 11 REP.BY HER POWER OF ATTORNEY HOLDER P.A.MOOSA KOYA. BY ADV. SRI.K.M.FIROZ RESPONDENTS: ----------------------- 1. N.T.JOHN, AGED 59 YEARS, S/O. THIMOTHI, 4/414, JOSEPH ROAD, KATHERI AMSOM, KURUMBRAKKATTASSERI DESOM, OF KOZHIKODE TALUK. 2. MERLIN JOHAN, AGED 45 YEARS, W/O. JOHAN, 4/414, JOSEPH ROAD, KATHERI AMSOM, KURUMBRAKKATTASERI DESOM OF KOZHIKODE TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5756 OF 2008 = = = = = = = = = = = = = = = Dated this the 18th day of February, 2008. J U D G M E N T This writ petition is preferred to issue a copy of the order in I.A.560/08 in O.S.199/07 and to stay all further proceedings for a period of 10 days after the issuance of the copy. The learned counsel submits that though he has raised a very serious and valid contention that the suit is bad for non-joinder of necessary parties in page 10 of his written statement, the Court did not frame an appropriate issue on that. Therefore he moved an application which is I.A.560/08 but it has been dismissed. According to him without the junction of the Corporation as a party the Court will not be able to dispose of the matter and being a necessary party the Court should have framed an issue regarding the non- joinder of necessary parties. Unfortunately, this Court is not having the order passed by the Court below but the writ petitioner is really aggrieved by the decision. Therefore I W.P.C 5756 OF 2008 -:2:- direct the Court below to issue a carbon copy of the order in I.A.560/08, if it has been properly applied for, within a period of seven days and to defer the trial of the case for a period of three weeks from today. Or in other words, the Court shall remove the case from the list which is posted for tomorrow and post the case during the 3rd week of March, 2008. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-