IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4479 of 2009(G)
1. M.A. BABU, S/O. ABRAHAM M.A,
... Petitioner
Vs
1. G. PRAKASH, S/O. GOPALAKRISHNA PILLAI,
... Respondent
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent :SRI.MANOJ RAMASWAMY
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/02/2009
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 4479 OF 2009 G
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Dated this the 17th February, 2009
JUDGMENT
The petitioner is the plaintiff in O.S.No.190 of 2008, on the file of
the Court of the Subordinate Judge, Kottarakkara. The suit was filed for
specific performance of the contract for sale. The petitioner filed
I.A.No.300 of 2009 for temporary injunction restraining the respondent
from making any pucca construction in the plaint schedule property. The
petitioner also filed I.A.No.302 of 2009 for appointment of a
Commissioner. An application to advance the hearing of the suit was also
filed by the petitioner as I.A.No.301 of 2009. The suit was posted to
4.3.2009. The grievance of the petitioner is that in spite of the application
filed for the issue of an emergent Commission and for injunction
accompanied by an application for advancing the hearing, the court below
mechanically posted the applications to 4.3.2009.
2. The prayer in the Writ Petition is to issue a direction to the court
below to advance the hearing of the suit and to hear all the aforesaid
applications. The request is just and reasonable.
3. The court below shall advance the hearing of the case and
W.P.(C) NO.4479 OF 2009
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consider I.A.No.300 of 2009 and I.A.No.302 of 2009 in accordance with
law. It is made clear that I have not expressed any opinion on the merits
of the applications.
The Writ Petition is disposed of as above.
(K.T.SANKARAN)
Judge
ahz/