P.M.Varkey v. Muraleedharan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 OP(C).No.978 of 2015 (O) ------------------------------------ OS NO.338/2012 OF THE MUNSIFF COURT,ATTINGAL. ..

PETITIONER:

------------------- P.M.VARKEY,AGED 73 YEARS,S/O.MATHAI, HOUSE NO.426,R.D.PLOT,SOUTH KALAMASSERY, ERNAKULAM DISTRICT.

BYSRI.K.RAMAKUMAR (SENIOR ADVOCATE.) ADVS.SRI.T.RAMPRASAD UNNI SRI.S.M.PRASANTH SRI.C.DINESH SMT.ASHA BABU SMT.AMMU CHARLES SRI.G.RENJITH RESPONDENTS:

------------------------ 1.

MR.MURALEEDHARAN,S/O.KUMARAN,PRA 18, KELINT LANE,PARUTHIPARA,THIRUVANANTHAPURAM-695025. 2.

MR.AJITH GEORGE,S/O.THOMAS MATHAI, SMRA 84,ARINATHYA VEEDU,MUTTADA, KOWDIAR VILLAGE,THIRUVANANTHAPURAM-695025.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pk

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No.978 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 08th day of April, 2015

J U D G M E N T

In this original petition, under Article 227 of the Constitution of India, the following relief is sought for: "i) To direct the Munsiff's Court Attingal to dispose of O.S.No. 338 of 2012 along with all Interlocutory Applications in the said Suit pending before that Court immediately by including it in the next list of final disposal." 2.

The learned counsel appearing for the petitioner pointed out that the suit is now listed for trial and there is no impediment in proceeding with the trial of the suit. It is pointed out that the petitioner is the second defendant in the suit and he would like to have the suit disposed of at the earliest. The suit is of the year 2012. It is also pointed out that all steps are complete and the suit is ripe for trial. 3.

In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is

O.P.(C) No.978 of 2015 -2unnecessary.

This petition is disposed of directing the Munsiff Court, Attingal to take up O.S.No. 338/2012 on the day on which it is posted for trial and commence evidence and dispose of the same as expeditiously as possible, at any rate, within a period of four months from the date on which the suit is listed for trial. This order will not preclude the court below from entertaining any petition and disposing it of in accordance with law.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge