IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6563 of 2010(O)
1. HEERALAL PANANCHAND, AGED 70 YEARS,
... Petitioner
Vs
1. SAIT ANANDJI KALYANJI JAIN TEMPLE TRUST,
... Respondent
For Petitioner :SRI.T.SETHUMADHAVAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :02/03/2010
O R D E R
P. BHAVADASAN, J.
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W.P.(C) No. 6563 of 2010
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Dated this the 2nd day of March, 2010
JUDGMENT
In this petition filed under Article 227 of the
Constitution of India the petitioner seeks for a direction to
the Munsiff Court-I (A), Kozhikode to issue carbon copy of
the order in I.A. No.1007 of 2010 dated 27-2-2010 to the
petitioner. It is also prayed for a direction to the Munsiff’s
Court-I(A), Kozhikode to adjourn the trial of O.S. No.517 of
2009 till the carbon copy of the order is issued.
2. The petitioner is the 1st defendant in O.S. No.517 of
2009 on the file of the Munsiff’s Court-I(A), Kozhikode. The
suit is filed for eviction of the petitioner from the plaint
schedule building owned by the respondent and also for
damages.
3. The petitioner claims that he is also a member of
the Trust. He entered appearance and filed his objections.
The petitioner filed I.A. No.1007 of 2010 to grant leave to
serve the interrogatories on the plaintiffs and direct them to
answer the interrogatories. That was being repeatedly
W.P.(C) No. 6563/10 2
adjourned and finally disposed of on 27-2-2010. The
grievance of the petitioner is that though he has applied for
a carbon copy of the order, that is not issued so far. In the
meanwhile, the suit is listed for trial. According to the
petitioner, if the suit is tried without giving an opportunity
to him to challenge the order, he will be put to irreparable
injury and hardship.
4. In the light of the order proposes to be passed, it is
not necessary to issue notice to the respondent.
5. The petitioner wants to challenge the order by
which his application was dismissed. He has also applied for
a carbon copy of the order. So far it has not been issued.
6. Hence, there will be a direction to the Munsiff’s
Court-I (A), Kozhikode to issue a carbon copy of the order in
I.A. No.1007 of 2010 as early as possible, at any rate within
one week from today. Till then, there will be a stay of the
trial of the suit.
The writ petition is disposed of as above.
P.BHAVADASAN, JUDGE.
mn.