High Court Kerala High Court

Anilkumar @ Anil Jacob vs P.K.Hussain on 15 February, 2010

Kerala High Court
Anilkumar @ Anil Jacob vs P.K.Hussain on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4128 of 2010(O)


1. ANILKUMAR @ ANIL JACOB, S/O. T.U.JACOB,
                      ...  Petitioner

                        Vs



1. P.K.HUSSAIN,
                       ...       Respondent

                For Petitioner  :SRI.VINOD J.DEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :15/02/2010

 O R D E R
                      P. BHAVADASAN, J.
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                   W.P.(C) No. 4128 of 2010
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          Dated this the 15th day of February, 2010

                          JUDGMENT

This is a petition filed under Article 227 of the

Constitution of India seeking for a direction to the Munsiff’s

Court, Sulthan Bathery to try and dispose of O.S. No.187 of

2005 pending before that court as expeditiously as possible.

2. Petitioner is the plaintiff in O.S.No.187 of 2005 on

the file of the Munsiff’s Court, Sulthan Bathery. The said suit

is for redemption of mortgage and for ancillary reliefs.

Written statement was filed by the respondent/defendant.

The case was involved in the special list on 19-9-1007 and

on 10-2-2009. On both these occasions the respondent

remained absent and the suit was decreed ex parte in favour

of the petitioner. The respondent filed petitions to set aside

the ex parte decree and they were allowed. The petitioner

points out that the proceedings have been unnecessarily

dragged on and therefore prays that a direction may be

issued for an early disposal of the suit.

W.P.(C) No. 4128/10 2

3. In the light of the fact that the case was included in

the special list for trail twice and decreed afresh and

thereafter restored to file, the prayer seems to be

reasonable.

4. The court below shall include the suit in the list for

the month of March and as far as possible conduct a day to

day trial.

With the above observation this writ petition is

disposed of.

P.BHAVADASAN, JUDGE.

mn.