IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 32121 of 2008(Y) -------------------------- RCP.9/2006 of MUNSIFF COURT,KAYAMKULAM .................... PETITIONER: ----------------- SHAJI, S/O.ABDUL HAJI, AGED 44 YEARS, CHAYAKARANPARAMBIL, ERUVA MURI, KAYAMKULAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ---------------------- 1. SAIFUDDIN, S/O.ABDUL AZIZ, ODACKAL VEEDU, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. 2. REJINA, W/O.SHAJI, CHAYAKARANPARAMBIL, ERUVA MURI, KAYAMKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 32121 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 31ST DAY OF OCTOBER, 2008. J U D G M E N T Raman, J. The 1st opposite party in R.C.P. 9 of 2006 is the writ petitioner. The prayer made in this writ petition is to restrain the examination of additional witness cited in Ext.P1 application. Ext.P1 is an application for issuing summons to two persons to be examined as witnesses. The court below has issued summons to them to appear. Whether or not by examining the witnesses a fact sought to be proved could actually be proved is not a matter for this court to consider at this stage, in a writ petition. Nor the petitioner has got any right to restrain any witness being examined. These are all matters within the jurisdiction of the court below. The writ petition is totally misconceived. Dismissed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-