FRANJO T.FRANCIS Vs. VARGHESE KURUVILA

JUDGEMENT

(1.) The petitioner is the defendant in O.S. No. 716 of 2006 on the file of the First Additional Munsiff's Court, Ernakulam. The suit was filed for damages. It is alleged that the respondent has collected the passport and driving licence of the petitioner and produced the same along with the suit. The respondent could not arrange the visa in time and hence the petitioner could not go abroad. Finally, the respondent demanded exorbitant amount for arranging visa. But the petitioner did not accede to that. Hence he has filed the suit for damages.

(2.) The First Additional Munsiff's Court, Ernakulam as per Ext.P1 judgment dated 09.08.2007 dismissed the suit. Even though the petitioner requested the respondent to return the passport, he has not acceded to the request.

(3.) The petitioner filed O.S. No. 575 of 2010 before the Second Additional Munsiff's Court, Ernakulam for a mandatory injunction to get the petitioner's passport from the respondent. Thereafter, the respondent preferred A.S. No. 248 of 2010 against the judgment and decree in O.S. No. 716 of 2006 along with I.A.No. 4483 of 2010 for condonation of delay of three years. The Munsiff Court, as per Ext.P2 judgment dated 29.07.2011 rejected the prayer to return the passport because of the pendency of A.S. No. 248 of 2010. Thereafter, the District Judge, Ernakulam as per Ext.P3 judgment dated 16.11.2011 dismissed A.S. No. 248 of 2010 in lieu of dismissal of the application for condonation of delay.