IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 796 of 2010(O)
1. PAVURETH TRUST, P.O.BOX NO.1076,
... Petitioner
Vs
1. A.SEETHARAMAN,
... Respondent
For Petitioner :SRI.K.R.VINOD
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :22/11/2010
O R D E R
THOMAS P. JOSEPH, J.
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O.P.(C) No.796 of 2010
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Dated this the 22nd day of November, 2010.
JUDGMENT
Plaintiff in O.S.No.1142 of 2009 of the court of learned Additional
Munsiff, Ernakulam is the petitioner before me seeking a direction to the learned
Munsiff for early disposal of the suit. Petitioner sued respondent for a decree for
mandatory injunction to direct respondent to vacate the building in the suit
property alleging that transaction between petitioner and respondent is a licence
arrangement which has already expired. Respondent claimed that he is a
building tenant entitled to the protection of Act 2 of 1965. Leaned counsel
submitted that the case is now posted for framing issues on 08.12.2010. Learned
counsel states that the main issue in the suit is whether transaction between the
parties is a licence or lease as contended by them. According to the learned
counsel, huge amount is due to the petitioner by way of licence fee and since the
dispute regarding ‘lease or licence’ is pending consideration of learned Munsiff
petitioner is not able to file a suit for recovery of the amount and thus petitioner is
put to huge loss and damages on account of pendency of the suit. Learned
counsel for petitioner made a fervent plea to give direction to the learned
Munsiff for early disposal of the suit.
2. It is seen that the suit is of the year 2009. Request for early
disposal is being made in the year 2010. Without being aware of volume of work
of the court below and priority for disposal of older cases I do not consider it
OP(C) No.796/2010
2
proper to issue any such direction. But, petitioner is permitted to make such a
request before the learned Munsiff and if any such request is made, learned
Munsiff may consider it and pass appropriate orders in that regard having regard
to all relevant facts and circumstances.
Petition is closed with the above observation.
THOMAS P.JOSEPH,
Judge.
cks