IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2739 of 2010(O)
1. K.GOPALAN NAIR, S/O. JANAKI AMMA,
... Petitioner
Vs
1. C.BABU, S/O. CHALIYEDATH ABOOBACKER,
... Respondent
For Petitioner :SRI.R.SUDHISH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/02/2010
O R D E R
V. RAMKUMAR , J.
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W.P.(C). No. 2739 of 2010
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Dated this the 9th day of February, 2010.
JUDGMENT
The writ petitioner is the plaintiff in O.S. No. 256 of
2008 on the file of the II Additional Sub Court, Kozhikode.
The said suit is one for realisation of a sum of Rs.3,25,000/-
allegedly due under an agreement entered into between the
plaintiff and the defendant. The case of the defendant is
one of adjustment. According to the defendant, while the
plaintiff was in occupation of the building in question for
running a hotel, the plaintiff committed theft of electrical
energy which was detected by the Anti Power Theft Squad
of the Kerala State Electricity Board and the amount of
penalty on account of the theft of electrical energy was
quantified at Rs.1,78,643/- and this amount is liable to be
adjusted against the plaint claim. The defendant had filed
I.A. No. 4962 of 2009 for summoning the documents in the
custody of the Executive Engineer, K.S.E.B, Ramanattukara
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to substantiate the said adjustment. I.A. No. 4893 of 2008
was an application filed by the defendant to amend the
written statement and the same was allowed.
2. According to the petitioner/plaintiff, he had filed
I.A. No. 3337 of 2009 on 10.09.2009 seeking to advance the
trial of the suit from 08.04.2010 (to which date the suit
stood posted) and there is no move on the part of the court
below to include the suit in the special list on an earlier
date. The plaintiff would have it that the
respondent/defendant is resorting to dilatory tactics to
delay an early disposal of the suit. Hence this writ petition.
3. This Court had called for a report from the learned
Sub Judge, Kozhikode. In the latest report dated
06.02.2010, the learned Sub Judge has reported that the
documents in the custody of the K.S.E.B applied for by the
defendant had to be summoned for the purpose of
adjudicating the dispute between the parties and that there
is no deliberate attempt on the part of the defendant to
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protract the trial of the suit. Depending on the pendency of
cases before that court, the learned Sub Judge shall pass
orders on I.A. No. 3337 of 2009 filed by the plaintiff to
advance the trial of the suit and list the case accordingly.
In case the listing of the suit for trial cannot be on a date
prior to 08.04.2010 to which the case stands posted, that
court shall direct the defendant to deposit the admitted
amount due from him.
This writ petition is disposed of as above.
Dated this the 9th day of February, 2010.
V. RAMKUMAR, JUDGE.
rv
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