Nizarudeen vs Rafi.A.R on 1 June, 2010

Kerala High Court
Nizarudeen vs Rafi.A.R on 1 June, 2010
       

  

  

 
 
  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/-

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