John Panicker vs Noufal M Ikbal

C.S.Dias, J

The original petition is filed to direct the Court of Munsiff, Punalur, to issue the certified copy of the order passed in I.A. No.2/2023 (Ext.P6) in O.S. No.22/2022 within a time frame and until such time to direct the court below not to handover the original promissory note to the second respondent as informed in Ext.P5 notice.

The concise case of the petitioner in the original petition is that, he is the plaintiff in the above suit, which is filed against the first respondent for a decree for recovery of money. At the behest of the first respondent, his mother has lodged a false complaint against the petitioner alleging that the promissory note is a forged. On the request made by the police, the court below has issued Ext.P5 notice informing the petitioner that the promissory note is to be sent to the Forensic Science Laboratory in connection with Crime No.24/2022 of the Chadayamangalam Police Station. The petitioner has filed Ext.P6 application objecting to Ext.P5 notice. The court below, by order dated 27.01.2023, had dismissed Ext.P6 application. Even though the petitioner has made an application for the certified copy of the order, the order has not been issued. If the court below handovers the original promissory note to the second respondent, it will cause prejudice to the petitioner. Hence, the original petition.

Heard; Sri.Krishnakumar, the learned the counsel appearing for the petitioner and the learned Government Pleader appearing for the second respondent. In view of the limited relief that I propose to pass, I dispense with notice to the first respondent.

On a consideration of the pleadings and materials on record and taking note of the fact that the petitioner has already filed an application as C.F.No.608/2023 before the court below to issue the certified copy of the order passed in Ext.P6 application, I am of the view that further proceedings pursuant to Ext.P5 notice is to be kept in abeyance, which would do complete justice to both sides.

In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition as follows:-

(i) The Court of the Munsiff, Punalur is directed to issue the certified copy of the order passed in Ext. P6 application, in accordance with law, if the application is in order, as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a certified copy of the judgment.

(ii) The Court of the Munsiff, Punalur is directed to keep all further proceedings pursuant to Ext.P5 notice in abeyance for a period of two weeks.