IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34607 of 2008(T)
1. HAMDULLA HANEEF, S/O.HANEEF SAIT,
... Petitioner
Vs
1. SUNIL DUTT, S/O.PALANIYAPPAN,
... Respondent
For Petitioner :SRI.T.I.ABDUL SALAM
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :27/11/2008
O R D E R
K.P. BALACHANDRAN, J.
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W.P(c).No. 34607 of 2008
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Dated this the 27th day of November, 2008
JUDGMENT
Affidavit is filed as ordered swearing that Witness No.3 in
Exhibit P3 list, Shri. T. Viswanatha Pillai is presently not at Alappuzha
for sometime, but that his family members are staying at his permanent
address. Counsel submits that the said witness being not available can
be given up. Witness No.4 in Exhibit P3 list is Sri. M.P. Unnikrishnan
and the petitioner has sworn that the said witness is presently employed
at the respondent’s brother’s jewellery shop at Mullackal in Alappuzha
and that he is residing at his permanent address furnished with the
members of his family. The permanent address of the 4th witness is
not furnished in the affidavit. The report of the Process Server shows
however that witness No.4 has no residence in the address furnished in
Exhibit P3. However, in as much as witness No.4 is sworn to be
presently employed at the respondent’s brother’s jewellery at Mullakkal
though without mentioning the name of the jewelery, I direct the court
below to cause affidavit being filed by the petitioner swearing to the
present correct residential address of the 4th witness as also the name of
W.P(c).No. 34607/2008
2
the jewelery wherein the 4th witness is working under the brother of the
respondent and if he files such an affidavit within 2 weeks from today
without waiting for direction from the trial court, the court shall issue
warrant to the said witness Sri.M.P Unnikrishnan through a Process
Server assisted by one more Process Server who shall be guided by the
petitioner to identify and point out the witness and accordingly
summons may be issued, so that there will not be any occasion for the
petitioner to complain that on account of some other influence the
Process Server returned the summons. There is no necessity to issue
warrant with the assistance of police. The petitioner is directed to
produce a copy of this judgment before the Sub Judge through his
counsel in the court below forthwith.
With the above directions, I dispose of this writ petition. Issue
copy of this judgment to the counsel for the petitioner urgently.
K.P. BALACHANDRAN, JUDGE
scm