ARIKKATH VIJAYAN Vs. URALUNGAL LABOUR CONTRACT

JUDGEMENT

(1.) Petitioners, who are the plaintiffs in O.S.No.766/2010 on the file of the Third Additional Sub Court, Kozhikode is before this Court in this original petition filed under Article 227 of the Constitution of India challenging the order of the said court dated 19.09.2017 in I.A.No.2069/2017, which was an application filed under Order XVI Rule 6 of the Code of Civil Procedure, 1908 seeking an order to summon the original plan and other documents in respect of re-survey No.109, Ponnankode Mala, which is stated to be in the possession of the concerned officer of M/s.Cyber Park, Kottooli Amsom Desom, Kozhikode Taluk. The relief sought for in the aforesaid interlocutory application was opposed by the respondents/defendants by filing counter, contending that it is only an attempt made by the petitioners/plaintiffs to delay the disposal of the suit, which is at the fag end of trial.

(2.) After considering the rival contentions, the court below rejected the said interlocutory application by Ext.P6 order dated 19.09.2017. The reasoning of the said court, as contained in paragraph No.6 of the order, reads thus;

(3.) Heard the learned counsel for the petitioners/plaintiffs.