IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37159 of 2009(O)
1. MOHAMMED ELLIAS,
... Petitioner
Vs
1. ABDUL NAHAS, S/O.MEERA SAHIB,
... Respondent
For Petitioner :SRI.P.SIVARAJ
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :11/01/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.37159 OF 2009
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Dated this the 11th day of January 2010
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JUDGMENT
The above writ petition has been filed by the first
defendant in O.S No.277 of 2008 on the file of the Sub Court,
Attingal. Suit is one for specific performance, and the
respondent is the plaintiff. Petitioner and his wife have been
impleaded as the defendants in the suit. Grievance
espoused by the petitioner is that he is a senior citizen aged
70 years and in view of the delay in disposal of the suit he is
put to severe hardship and untold suffering. A report was
called from the learned Sub Judge to ascertain whether the
suit is ripe for trial. It is reported that the defendant in the
suit has raised a counter claim in the written statement and
the case now stands posted for filing written statement to
that counter claim by the plaintiff. Ext.P2 is the copy of the
written statement filed by the defendant which is seen dated
16/06/2009. The report of the learned Sub Judge would also
W.P.(C).No. 37159 OF 2009 Page numbers
indicate that lot of old cases are pending in that court and
the cases up to 2006 are now listed for trial. Whatever that
be, considering the grievance canvassed by the petitioner, a
senior citizen, I direct the learned Sub Judge to give priority
for completing the pretrial steps in the above suit and to
dispose it as expeditiously as possible, but, after providing
reasonable opportunity to both sides to lead evidence in the
case. The learned Sub Judge is directed to dispose the suit
at any rate within a period of ten months from the date of
receipt/production of a copy of this judgment. Writ petition
is disposed as indicated above.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv