IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17803 of 2006(T)
1. L.A. XAVIER D'CRUZ, PROPRIETOR,
... Petitioner
Vs
1. P.B. SIVADAS, PANIKKASSERY VEEDU,
... Respondent
2. JUSTIN, PANIKKASSERY VEEDU,
3. SADASIVAN, PANIKKASSERY VEEDU,
4. T.M. KUMARAN, MADHVAS,
5. G. JAGANNADHAN, ARCHANA,
6. SELVARAJ @ KALLIYIL SIVAN,
For Petitioner :SRI.P.BABU KUMAR
For Respondent :SRI.VARGHESE C.KURIAKOSE
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :10/08/2006
O R D E R
K. PADMANABHAN NAIR,J
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W.P.(C). NO. 17803 OF 2006
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Dated this the 10th day of August 2006
JUDGMENT
The petitioner in Writ Petition is the plaintiff in O.S. No. 726/04 on the file
of the Munsiff’s Court, Neyyattinkara. The petitioner filed this Writ Petition for a
direction to the court below to dispose of I.A.No. 1572/2006 filed in
O.S.726/2004 under Order 9 Rule 9 for restoration.
2.Heard the counsel for the respondents. The counsel for the
respondents submits that the sole purpose of this writ petition is to harass the
respondents by filing the petition stating that the Writ Petition is pending before
this Court.
3.After hearing both sides I am of the view that Writ Petition can be closed
with a direction to the Munsiff to consider and dispose of I.A. 1572/2006 in O.S.
726/04 as expeditiously as possible after making the same ripe for trial at any
rate, within two months from the date of receipt of the copy of this judgment if
necessary by suo motu advancing the same after giving notice to both sides.
Writ Petition is closed as above.
K. PADMANABHAN NAIR,
JUDGE.
RV/