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P.V.BALAKRISHNA PILLAI versus RAMACHANDRAN NAIR, SILPI (KOYATTU)

High Court of Kerala

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P.V.BALAKRISHNA PILLAI v. RAMACHANDRAN NAIR, SILPI (KOYATTU) - WP(C) No. 3138 of 2006(W) [2007] RD-KL 13691 (20 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3138 of 2006(W)

1. P.V.BALAKRISHNA PILLAI,
... Petitioner

2. VASUDEVAN PILLAI, SATHEESH BHAVAN,

Vs

1. RAMACHANDRAN NAIR, SILPI (KOYATTU),
... Respondent

2. K.N.KRISHNAN KUTTY,

3. V.V.VIJAYA KUMAR, PUTHEN VEETTIL,

4. P.R.GOPALAKRISHNA PILLAI,

5. RAVEENDRAN NAIR, CHAITHANYA,

For Petitioner :SRI.SAJJU.S

For Respondent :SRI.C.B.SREEKUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :20/07/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.3138 of 2006
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Dated: 20th July, 2007



JUDGMENT

In all probability the subject matter of the Writ Petition has become infructuous. However since I find that under the impugned order the defence of the petitioners who were defendants in the suit have been struck off on the reason that certain documents called for by the learned Munsiff were not produced, I am of the view that if anything survives in the suit, the petitioners can be granted time till the expiry of three weeks from date of receipt of the copy of this judgment for producing the documents. Accordingly, the Writ Petition will stand disposed of issuing the following directions: Ext.P6 will stand quashed. If the petitioners produce the documents which were called for by the learned Munsiff under Ext.P4 order within three weeks of their receiving copy of this judgment, the order strucking off their defence will stand set aside and the trial of the suit will continue on the basis of those documents also. The above direction need not be complied if as a matter of fact the subject matter of the suit will become infructuous.

srd PIUS C.KURIAKOSE, JUDGE

W.P.C.No. - 2 -


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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