IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21099 of 2008(J) -------------------------- AGAINST THE ORDER DATED 30/05/2008 IN IA 4207 2005 IN OS.800/1999 of ADDL.MUNSIFF COURT, KOTTAYAM .................... PETITIONER: ------------ 1. NARAYANAN NARAYANAN NAMBOOTHIRI, RESIDING AT KARINATTU ILLOM, PANACHICADU, KUZHIMATTOM.P.O, PANACHICADU, KOTTAYAM. 2. NARAYANAN VASUDEVAN NAMBOOTHIRI, KAIMUKKU ILLOM, PANACHICADU, KUZHIMATTOM.P.O, PANACHICADU, KOTTAYAM. 3. NARAYANAN NARAYANAN NAMBOOTHIRI, -DO- 4. VASUDEVAN NARAYANAN NAMBOOTHIRI, -DO- 5. VASUDEVAN SREEKUMAR, S/O.VASUDEVAN, -DO- 6. NARAYANAN NAVEEN, S/O. NARAYANAN NAMBOOTHIRI, -DO- 7. NARAYANAN PRAVEEN,S/O. -DO-, -DO- BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENTS: ------------- 1. NARAYANAN NAMBOOTHIRI DAMODARAN NAMBOOTHIRI, S/O.NARAYANAN NAMBOOTHIRI, ALSO CALLED AS K.N. DAMODARAN NAMBOOTHIRI, RESIDING AT KIZHUPURATHU ILLOM, PANACHICADU KARA, PANACHICADU VILLAGE, KOTTAYAM TALUK AND DISTRICT. W.P.(C) No.21099/2008 : 2 : 2. SREEJITH, S/O. K.N. DAMODARAN NAMBOOTHIRI, -DO- 3. DAMODARAN PURUSHOTHAMAN NAMBOOTHIRI, MERCHANT, KIZHUPURATHU ILLOM, NOW RESIDING AT MUNDACKAL PALACE, KULANADA.P.O, PANDALAM. 4. NARAYANAN VASUDEVAN NAMBOOTHIRI, RESIDING AT ABHAYAM, KANIMANGALAM, THRISSUR. 5. NARAYANAN NEELAKANDAN NAMBOOTHIRI, RESIDING AT PZHAYAKARINATTU HOUSE, PANACHICADU, KUZHIMATTOM.P.O, PANACHICADU, KOTTAYAM. 6. VASUDEVAN KIRAN, S/O. VASUDEVAN NAMBOOTHIRI, RESIDING AT ABHAYAM, KANIMANGALAM, THRISSUR. 7. SREEDEVIKUTTY, KIZHUPURATHU MADATHIL, KUZHIMATTOM.P.O, PANACHICADU VILLAGE AND KARA. 8. PANACHICADU DEVASWOM, REP. BY PRESIDENT, PURUSHOTHAMAN NAMBOOTHIRI, OORANMAYOGAM, PANACHICADU, KOTTAYAM. 9. K. UMADEVI, THURUTHEL MADOM, OLQMATTOM, THODUPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21099 of 2008 ------------------------------- Dated this the 14th July, 2008. J U D G M E N T Defendants 5 and 7 to 12 in O.S.No.800 of 1999, on the file of Munsiff Court, Kottayam, are the petitioners. Respondents 1 and 2 are the plaintiffs, and other respondents the other defendants. Under Ext.P2 order, learned Munsiff allowed Ext.P1 application. Ext.P1 application, (I.A.No.4207 of 2005) was filed under Rule 14 of Order XI of Code of Civil Procedure for a direction to defendants 1 to 10 to produce the documents stated therein. The petition was allowed under Ext.P2 as follows:- “Taken up today. Respondents are directed to produce documents or file affidavit. Call on 12- 06-2008.” 2. The argument of the learned counsel appearing for the petitioners is that learned Munsiff did not even take care to find out whether the affidavit filed in support of the application contains an allegation that defendants 1 to 10 are in possession of the document, W.P.(C) No.21099/2008 2 and, therefore, learned Munsiff was not justified in allowing the application. 3. There is force in the submission. The affidavit filed in support of Ext.P1 application does not show that plaintiffs have a case that defendants 1 to 10, who according to them are to produce the documents, are in possession of the documents. Unfortunately, learned Munsiff has not considered this aspect at all. Ext.P2 order is therefore quashed. Learned Munsiff is directed to pass appropriate orders in I.A.No.4207/2005, in accordance with law. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.