M/S. Peninsular Park Pvt. Ltd vs Sarojini Velayudhan on 5 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11734 of 2008(V)


1. M/S. PENINSULAR PARK PVT. LTD.,
                      ...  Petitioner

                        Vs



1. SAROJINI VELAYUDHAN, W/O. VELAYUDHAN
                       ...       Respondent

2. K.J. XAVIER (FATHER'S NAME AND AGE NOT

3. ANI XAVIER, W/O. XAVIER

4. SAJILAL, S/O. VELAYUDHAN,

5. SIBI MONEY, D/O. VELAYUDHAN,

6. SEENA PRADEEP, D/O. VELAYUDHAN,

7. SINDHU SHAMSUDHEEN, D/O. VELAYUDHAN,

                For Petitioner  :SRI.BEPIN VIJAYAN

                For Respondent  :SRI.T.K.RADHAKRISHNAN

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :05/06/2008

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            W.P.(C) NO. 11734 OF 2008
            ===========================

       Dated this the 5th day of June, 2008

                     JUDGMENT

Petitioner is the plaintiff and respondents the

defendants. This petition is filed under Article

227 of the Constitution of India for a direction to

the learned Munsiff not to pronounce the judgment

before passing orders on Ext.P3 and P4 petitions.

Ext.P3 is a petition to depute a Commissioner to

record the evidence of a witness and Ext.P4 is an

application to examine a witness by issuing

summons.

2. The argument of the learned counsel

appearing for petitioner is that the court is

proceeding to dispose the suit without affording an

opportunity to the petitioner to let in evidence

which according to petitioner is material and in

such circumstance necessary directions are to be

issued. Learned counsel appearing for respondents

submitted that evidence was recorded and the suit

W.P.(C)11734/2008 2

now stands posted for judgment and in such

circumstance, the petition is only to be dismissed.

It is not disputed that Exts.P3 and P4 objections

are pending. When petitions are filed to examine

witnesses, learned Munsiff is expected to pass

orders in the applications before disposing the

suit. Learned Munsiff is therefore directed to

dispose of Exts.P3 and P4 without any delay and

dispose the suit only thereafter.

Writ Petition is disposed of as above.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006