IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36471 of 2008(P)
1. MOHAMMED, S/O.ADATTIL KUNHIPOCKER HAJI,
... Petitioner
Vs
1. THOOMPATH EDAPPANATT MOOSAKUTTY MASTER,
... Respondent
For Petitioner :SRIC.M.MOHAMMED IQUABAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :11/12/2008
O R D E R
K.P. Balachandran, J.
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W.P.(C)No.36471 of 2008 P
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JUDGMENT
This writ petition is filed by the petitioner/
second defendant in O.S.No.120/07 on the file of
the Munsiff’s Court, Parappanangadi. It is
submitted that the commission application and the
petition to remove the suit from the list filed on
26.11.2008, the day on which the suit stood posted
for trial in the special list, were allowed on
payment of cost of Rs.5,000/- and that the cost
ordered is high and excessive. It is stated that
the cost ordered was directed to be deposited in
one week from 26.11.2008. The order passed by the
court below is not produced. It is not known
whether the commission application and the petition
to remove the suit from the list were dismissed
consequent on non payment of the cost ordered.
Counsel for the petitioner submits that the suit is
posted for trial to 15.12.2008. That means,
commission application and the petition to remove
WPC 36471/08 2
the suit from the list must have been dismissed
consequent on non payment of the cost ordered. No
details are available before this Court to
substantiate the arguments.
This writ petition is, hence, dismissed.
11th December, 2008 (K.P.Balachandran, Judge)
tkv