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High Court of KeralaOP(C)/431/2015disposed of

P.O.Thomas v. M.K.Sundaran Pillai

2015-03-10Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 OP(C).No. 431 of 2015 (O) ------------------------------ (OS 381/2013 of ADDL.SUB COURT, KOLLAM) PETITIONER:

-------------- P.O.THOMAS, S/O.OOMMAN, PANAGAT BUNGLOW, PUNUKKANOOR CHERRY, PUNUKKANNOOR P.O., ELAMPALLOOR, KOLLAM.

BY ADV. SRI.B.MOHANLAL RESPONDENT:

---------------- M.K.SUNDARAN PILLAI, S/O.MADHAVAN PILLAI, SOBHANA MANDIRAM, ASRAMAM P.O., KOLLAM PIN - 691 002. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 431 of 2015 (O) ------------------------------ APPENDIX PETITIONER'S EXHIBITS :

---------------------------- P1THE TRUE COPY OF THE PLAINT IN O.S.NO.381/2013 ON THE FILE OF THE ADDITIONAL SUB COURT, KOLLAM.

RESPONDENT'S EXHIBITS: NIL.

----------------------------- // True Copy // P.A. to Judge.

smp

P.BHAVADASAN, J.

------------------------------------------------- Original Petition (Civil) No.431 OF 2015 ------------------------------------------------- Dated this the 10th day of March, 2015.

J U D G M E N T

This original petition under Article 227 of the Constitution of India is filed seeking a direction to the Sub Court, Kollam to dispose of O.S.No.381/2013 at the earliest.

2. This Court called for a report from the court concerned regarding the present stage of the suit. Report has been received. It shows that the suit is one for specific performance and along with the suit, petitioner had moved I.A.No.2825/2013 for interim injunction seeking to restrain the respondent from alienating the plaint schedule property. That seems to have been granted. The case was posted to 07.02.2014 and on that day, it was adjourned to 29.03.2014 and then to 28.06.2014 and to 28.06.2015. Learned Judge points out that on receipt of the O.M, the suit has been advanced to 24.02.2015 and on that day parties appeared through counsel. The suit is posted for filing written statement as last and finally to 28.02.2015. Learned

O.P.(C) No.431/2015 Judge points out that some time may be granted to dispose of the suit.

Time sought for is granted.

This original petition is disposed of as above. P.BHAVADASAN JUDGE smp