IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 593 of 2010(O)
1. V.R.CHANDRASEKHARAN ELAYIDOM, AGED 60
... Petitioner
Vs
1. V.K.GOPINATHAN ELAYIDOM, AGED 62 YEARS,
... Respondent
2. V.R.JALAJAMANI KUNJAMMA, AGED 51 YEARS,
3. V.R.RAMANI KUNJAMMA, AGED 47 YEARS,
4. V.R.LALITHAMANI KUNJAMMA, AGED 43 YEARS,
5. PUSHPAKUMARI KUNJAMMA, AGED 41 YEARS,
6. SASIDHARAN ELAYIDOM, AGED 54 YEARS,
7. SOORYAKUTTAN ELAYIDOM, AGED 56 YEARS,
8. MURALEEDHARAN ELAYIDOM, AGED 56 YEARS,
9. MOHANAN ELAYIDOM, AGED 49 YEARS,
10. SUDHAKARAN ELAYIDOM, AGED 45 YEARS,
For Petitioner :SRI.SUNIL NAIR PALAKKAT
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :08/11/2010
O R D E R
THOMAS P JOSEPH, J.
----------------------------------------
O.P(C).No.593 of 2010
---------------------------------------
Dated this 08th day of November, 2010
JUDGMENT
In view of the order I propose to pass notice to respondents is
dispensed with.
2. Petitioner is defendant No.1 in O.S.No.547 of 2007 of
the court of learned Principal Sub Judge, Ernakulam. He is
represented in this proceeding by his power of attorney since he is
abroad. Grievance of petitioner is that the case is posted for trial
in the list on 10-11-2010 rejecting prayer of petitioner to post the
case for trial after two months since petitioner is abroad, is coming
to his native place only by the end of November 2010 on getting
superannuation and could take part in the proceeding only
thereafter. Learned counsel states that petitioner has to collect
documentary evidence from various cases and since counsel
appearing for petitioner in the present case has no engagement for
petitioner in those cases, he has to engage a counsel after coming
to his native place which takes time. Learned counsel states that if
the trial of the case proceeds on 10-11-2010 petitioner will not be
able to effectively take part in the proceedings and there will be
negation of his right for a fair trial.
O.P(C).No.593 of 2010
: 2 :
3. Since petitioner is now in abroad and is coming to his
native place only by the end of November 2010 he will not be able
to take part in the proceedings if the case is tried on 10-11-2010.
He may require some time to collect documentary evidence. In the
circumstances I direct learned Principal Sub Judge to post the case
for trial in the list after the first week of January 2011.
This petition is disposed of as above.
(THOMAS P JOSEPH, JUDGE)
Sbna/-