Beevi Backer vs P.K.Abdulkhader on 22 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2439 of 2009(M)


1. BEEVI BACKER, 38 YEARS,
                      ...  Petitioner

                        Vs



1. P.K.ABDULKHADER, S/O.KHADERKOCHUNNI
                       ...       Respondent

2. P.K.BEERAN, S/O.KHADERKOCHUNNI,

3. P.K.ABDUL AZEEZ, S/O.KHADERKOCHUNNI,

4. SHEREEFA, W/O.KHADERKOCHUNNI

                For Petitioner  :SRI.SIRAJ KAROLY

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :22/01/2009

 O R D E R
              K.P.BALACHANDRAN, J.
          ------------------------------------------------
                W. P. C. No.2439 of 2009
          ------------------------------------------------
          Dated this the 22nd day of January, 2009

                        JUDGMENT

The report collected by the Registry

from the Munsiff’s Court, Aluva shows that the

case O.S.291/08 is not ripe for trial. It is

only that written statement in the suit has

been filed, but all the same, there is a

petition pending seeking leave to amend the

plaint. Objection will have to be filed by the

defendants to the amendment application and

that has to be considered and appropriate

orders passed; issues are to be framed in the

suit; opportunity to complete pre-trial steps

will have to be granted and without completing

all those procedures, no direction can be

given to the trial court to dispose of the

suit within a time frame. The direction that

is sought for in this Writ Petition is only

for such a direction being given. Considering

W. P. C. No.2439 of 2009 -2-

the stage of the suit, no direction can be so

given and this Writ Petition is dismissed.

K.P.BALACHANDRAN,
JUDGE
kns/-