IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 16763 of 2010(O) 1. NIZARUDEEN, S/O. MOHAMMED KASSIM, ... Petitioner Vs 1. RAFI.A.R, S/O. ABDUL RAHIM, AGED 39 ... Respondent 2. HASHIR.A.R, S/O. ABDUL RAHIM, AGED 43 3. HARIS.A,R, S/O. ABDUL RAHIM, AGED 42, For Petitioner :SRI.J.JAYAKUMAR For Respondent : No Appearance The Hon'ble MR. Justice THOMAS P.JOSEPH Dated :01/06/2010 O R D E R THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.16763 of 2010 --------------------------------------- Dated this 01st day of June, 2010 JUDGMENT
Petitioner is the defendant in O.S.No.377 of 2008 of the court
of Sub Judge-II, Trivandrum for specific performance of an alleged
agreement for reconveyance of property, injunction and other
reliefs. According to the petitioner he purchased the suit property
from respondents/plaintiffs as per Ext.P2, assignment deed for
Rs.38,00,000/- and there was no agreement for reconveyance.
Now there is an order of interim order of injunction against
assignment of property which curtails his proprietary right over the
suit property. Hence petitioner seeks a direction to the learned
Sub Judge for disposal of the suit immediately.
2. The suit is of the year 2008. Without understanding the
volume of work of the court concerned I do not think it proper to
issue any such direction. I make it clear that it will be open to the
petitioner to request learned Sub Judge for expeditious trial and
disposal of the suit and if any such request is made learned Sub
Judge shall consider the same considering urgency of the matter as
well as considering pendancy of the older cases in that court and
pass appropriate orders.
With the above direction the writ petition is disposed of.
(THOMAS P JOSEPH, JUDGE)
Sbna/-