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.