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2026 Supreme(Online)(Ker) 9720

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. MURALI PURUSHOTHAMAN, J
SABIC MANAKADAVAN – Appellant
Versus
PRAJITH BUILDERS & DEVELOPERS PRIVATE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MUDASSER AHAMED, SHRI.MUNEER AHMED, SHRI.JAYKAR.K.S.
For the Respondents: SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.)

J U D G M E N T

The petitioner/1st defendant in CS No.5 of 2022 on the files of the Commercial Court (Additional Sub Court – III), Kozhikode has filed this original petition challenging Exts.P9 and P10 orders.

2. The suit is for realisation of money. The petitioner and the 2nd respondent/2nd defendant filed Exts.P3 and P4 written statements in the suit. The 1st respondent/plaintiff filed Ext.P6 replication statement to Exts.P3 and P4 written statements along with Ext.P7 application to receive the replication statement. Subsequently, the 1st respondent filed Ext.P8 application seeking a direction to the petitioner and the 2nd respondent to produce certain documents stated to be in their possession. The trial court, on 18.03.2025 allowed Exts.P7 and P8 applications by Exts.P9 and P10 orders without giving an opportunity to file an objection.

3. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. Though the service of notice to the 2nd respondent is complete, there is no appearance for him.

4. The grievance of the petitioner is that Exts.P9 and P10 orders were passed without giving him an opportunity to file objection to Exts.P7 and P8.

5. The lear

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