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KOOTTANCHERRY SIVA KSHETHRA versus K.T.GIRISH, S/O.KRISHNAN NAIR

High Court of Kerala

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KOOTTANCHERRY SIVA KSHETHRA v. K.T.GIRISH, S/O.KRISHNAN NAIR - WP(C) No. 14524 of 2005(D) [2007] RD-KL 9996 (11 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14524 of 2005(D)

1. KOOTTANCHERRY SIVA KSHETHRA
... Petitioner

2. KOOTTANCHERRY SIVA KSHERTHRA

Vs

1. K.T.GIRISH, S/O.KRISHNAN NAIR,
... Respondent

2. P.JAGADEESH, S/O.PADMANABHAN NAIR,

3. SUDHEESH KUMAR5 M.C. S/O.SREEDHARAN NAIR

4. M.C.MANOJ, S/O.SREEDHARAN NAIR, IN DO.

5. KUNHUKUTTY MEMORIAL TRUST, REPRESENTED

For Petitioner :SRI.S.V.BALAKRISHNA IYER

For Respondent :SRI.C.P.MOHAMMED NIAS

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :11/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 14524 OF 2005

Dated this the 11th day of June, 2007



JUDGMENT

Having considered the rival submissions addressed at the Bar and having gone through my own judgment in WP(c) No.1391 of 2005, I am of the view that the learned Munsiff should have allowed the applications filed by the petitioner which were essentially for reception of additional documents. Of course, the petitioners were very late to file the applications and on that reason the learned Munsiff could have imposed cost on them. The Writ Petition accordingly will stand allowed issuing the following directions: Ext.P4 is set aside and IAs will stand allowed on condition that the petitioner pays to the respondents either directly or through their advocate in this Court a sum of Rs.1,000/- within one week from today and file memo before the court below. If the court below notices that payment is made as directed above, the court below will permit marking of the documents. The authenticity and evidentiary value of the documents are matters for assessment by the court below. Since the suit is of the year 2002, after the documents are marked, the learned Munsiff will finally hear the matter and dispose of the suit at his earliest WPC No.14524 of 2005 2 and at any rate within six weeks of receiving copy of this judgment. If payment is not made as above the impugned orders will stand confirmed and the Writ Petition will stand dismissed.

PIUS C. KURIAKOSE, JUDGE

btt WPC No.14524 of 2005 3


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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