Abdul Shajar vs Abdul Salam

Thomas P. Joseph, J.—In the light of the order I propose to pass notice to respondent is dispensed with.

Petitioner is appellant No. 4 in C.M.A. Nos. 8 and 9 of 2010 of the court of learned Sub Judge, Attingal. Those appeals came up for hearing on 02-08-2010. That day, counsel for petitioner could not appear in court since he had to attend the court of learned Additional Sessions Judge-I, Thiruvananthapuram to conduct S.C. No. 1277 of 2010. A request for adjournment was made but the request was rejected and counsel for respondent was heard. Learned Sub Judge posted the appeals for judgment on 11-08-2010. In the meantime petitioner filed Exts.P1 and P2, applications to give his counsel an opportunity to address oral argument. The request was rejected on 06-08-2010. Learned Counsel states that as many as 23 documents were produced by the respondent and 15 documents by the petitioner in the C.M appeals and hence it was necessary to address oral arguments. Petitioner has applied for copy of the order dated 06-08- 2010 on Exts.P1 and P2, applications but so far copy of the order has not been issued. If the appeals are disposed of on 11-08-2010 petitioner will be put to irreparable loss and injury. Hence writ petition seeking direction of the learned Sub Judge to issue carbon copy of the order dated 06-08-2010 on Exts.P1 and P2, applications and in the meantime, to stay further proceeding in C.M.A. Nos. 8 and 9 of 2010.

On hearing learned Counsel it is seen that several documents were filed in the C.M appeals. Having regard to the circumstances, it is only proper that petitioner is given copy of the impugned orders to challenge the same. In the meantime disposal of C.M appeals shall stand in abeyance.

Resultantly this writ petition is allowed in the following lines:

(i) Learned Sub Judge is directed to issue carbon copy of order dated 06-08-2010 on I.A. No. 1467 of 2010 in C.M.A. No. 8 of 2010 and I.A. No. 1466 of 2010 in C.M.A. No. 9 of 2010 as early as possible.

(ii) It is directed that disposal of C.M appeals will stand in abeyance upto a period of five (5) days from the date notified for issue of carbon copy of the orders above stated.

(iii) In the meantime, I make it clear, that it is open to the learned Sub Judge to hear counsel for petitioner also on the appeals and pronounce judgment in the appeals.