M R JAYASREE Vs. KRISHNAMMA KUNJULEKSHMY AMMA

JUDGEMENT

(1.) THIS writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: "i) To call for the records leading to the order dated 13. 2. 2009 passed in I. A. No. 1274/09 (Ext. P1 application) and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. ii) To issue a direct5ion to the 1st Additional Sub Court, thiruvananthapuram to issue summons to the witnesses mentioned in the list appended to Ext. P1 application and permit the petitioners/plaintiffs to examine them. "

(2.) PETITIONERS are the plaintiffs in O. S. No. 161/2004 on the file of Sub court, Thiruvananthapuram. Suit was one for specific performance of an agreement for sale. Respondents in the petition are the defendants in the suit. The case was included in the special list for trial in the month of March, 2009. Two months before, petitioners filed an application for summoning some witnesses to prove their case. Ext. P1 is the petition filed along with witness schedule. The grievance of the petitioners is that without notice to them, learned Sub Judge dismissed that application on 13. 2. 2009 holding that the purpose of the examination of the witnesses has not been clearly stated in the petition filed with the witness schedule. Propriety and legality of that order is challenged in this writ petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

(3.) NOTICE was directed to be served on the counsel appearing for the defendants in the court below and accordingly after such service a memo has been filed by the counsel for the petitioner. The memo evidences that such notices were served as early as in 20. 3. 2009 and 26. 3. 2009 on the respective counsel. Still none of the respondents entered appearance.