High Court of KeralaOP(C)/75/2015disposed of

T.K.Gangan Menon v. Sanilkumar

2015-01-124 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 OP(C).No. 75 of 2015 (O) ------------------------------------ I.A.NO.5100/2014 IN O.S.NO.275/2002 OF THE SUB COURT, KOZHIKODE --------------- PETITIONER(S) :

---------------------- T.K.GANGAN MENON, AGED 53 YEARS, S/O. LATE P.K.K.MENON, THERAMBATTIL HOUSE, P.O.CHALAPPURAM, KOZHIKODE DISTRICT.

BY ADVS.SRI.K.RAMACHANDRAN SMT.M.C.BINDUMOL RESPONDENT(S) :

---------------------------

1. SANILKUMAR, S/O.RAMANUNNI KUTTY, EDAKKUNI NEENDOKKIL HOUSE, EYAD DESOM, SIVAPURAM VILLAGE, QUILANDY TALUK, PO QUILANDY, KOZHIKODE DISTRICT-673 620.

2. RAVINDRAN K.P., S/O.CHATHU, KARUNATHAMPOYIL HOUSE, CHERUKAD AMSOM, KAYANNA VILLAGE, QUILANDY TALUK, PO QUILANDY, KOZHIKODE DISTRICT-673 620.

3. K.T.KUMARI, AGED 67 YEARS, W/O.KPT NAYAR, "USHAS" , P.O.CHEROOR, THRISSUR DISTRICT, PIN-680 008.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.

OP(C).No. 75 of 2015 (O) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF I.A.NO. 137/2015 DATED 08-01-2015 FILED IN O.S. 275/20104 BEFORE THE SUB COURT, KOZHIKODE. EXHIBIT P1(A): TRUE COPY OF COPY APPLICATION NO.91 DATED 08-01-2015 FILED IN O.S. 275/20104 BEFORE THE SUB COURT KOZHIKODE. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 75 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2015

J U D G M E N T

The limited prayer made in this Original petition is for a direction to the Sub Court, Kozhikode to issue carbon copy of the order in I.A.No. 5100/2014 in O.S.No. 275/2002. 2.

The petitioner points out that he had moved a petition for accepting some documents i.e., photostat copies of an agreement, a registered letter and a telegram, as secondary evidence. That petition was dismissed. The petitioner claims that he had applied for carbon copy immediately. But he has not received it so far. He apprehends that if the suit is listed and taken up for trial before challenging the same, irreparable loss and injury will be caused to the petitioner.

In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.

O.P.(C) No. 75 of 2015 -2This petition is disposed of directing the Sub Court, Kozhikode to issue carbon copy of the order in I.A.No. 5100/2014 in O.S.No.275/2002 within a period of one week from today and till carbon copy is issued, the suit shall stand removed from the list.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge