FR PAULOSE THOMAS Vs. SKARIA THOMAS

JUDGEMENT

(1.) The petitioners, who are the defendants in O.S.No.488/2010 on the file of the Munsiff's Court, Muvattupuzha and the appellants in A.S.No.11/2016 on the file of the Sub Court, Muvattupuzha are before this Court in this original petition filed under Article 227 of the Constitution of India seeking an order to set aside Ext.P2 order dated 04.02.2017 of the Sub Court, Muvattupuzha in I.A.No.67/2017 in A.S.No.11/2016 and permit them to take back the original of Exts.B4 and B9 documents, after substituting certified copies of those documents in the court records. The petitioners have also sought for an order directing the Sub Court, Muvattupuzha to hear and dispose of A.S.No.11/2016 at the earliest, within a time limit to be fixed by this Court.

(2.) On 06.03.2017, when this original petition came up for admission, this court admitted the matter on the file and issued urgent notice before admission to respondents 1 and 2 by speed post. The petitioners were also directed to serve notice on the respondents through their counsel appearing before the court below and produce a memo. Accordingly, the learned counsel for the petitioners has filed a memo on 30.3.2017. Despite service of notice, none appeared for respondents 1 and 2.

(3.) The main issue that arises for consideration in this original petition is as to the legality or otherwise of Ext.P2 order passed by the Sub Court, whereby the application filed by the petitioners, who are the appellants in A.S.No.11/2016, under clause (a)(i) of the first proviso to sub-rule (1) of Rule 9 of Order XIII read with Section 151 of the Code of Civil Procedure, 1908 seeking an order to return Exts.B4 and B9 documents marked in O.S.No.488/2010 was turned down.