IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10265 of 2009(O) -------------------------- OS.379/1982 of I ADDL.SUB COURT,THIRUVANANTHAPURAM .................... PETITIONER: --------------- NEELAKANTAN NAIR, S/O. SANKARA PILLAI, SREE BHAVAN, KARIPPOORU, MALAYINKEEZHU VILLAGE, NEYYATTINKARA TALUK. BY ADV. MR. P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE MR. P.GOPAL RESPONDENT: --------------- 1. K.RAJAPPAN NAIR, PARVATHY VILASOM BUNGLOW, VELLOORCODE, MALAYINKEEZHU DESOM, MARUKIL VILLAGE (NOW MALAYINKEEZHU VILLAGE) NEYYATTINKARA TALUK. 2. S.AYYAPPAN NAIR,S/O. SANKARA PILLAI, PULIYARATHALACKAL PUTHEN VEEDU, KARIPPOORU, MALAYINKEEZHU DESOM, MALAYINKEEZH VILLAGE, NEYYATTINKARA TALUK. 3. P.BALACHANDRAN NAIR, POONTHOTTATHU PUTHAN VEEDU, MALAYINKEEZH DESOM, MALAYINKEEZH VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- W.P.(C).No.10265 OF 2009 -------------------------------------------------- Dated this the 30th day of March, 2009 J U D G M E N T Petitioner is challenging the order in I.A.4479 of 2002 in O.S.379 of 1982 on the file of First Additional Sub Court, Thiruvananthapuram. First appellant/decree holder in O.S.379 of 1982 filed I.A.4479 of 2002, under sub section 3 of section 28 of Specific Relief Act for getting the sale deed executed and also for delivery of the property, as provided in the decree for specific performance granted against respondents 2 and 3. Writ petitioner is not a party to the decree or I.A.4479 of 2002. Writ petitioner filed I.A.2543 of 2006 under Rule 97 of Order XXI of Code of Civil Procedure, which was heard and disposed along with I.A.4479 of 2002. As per separate judgment in Ex.F.A. 5 of 2009, the order passed by the Sub Judge in I.A.2543 of 2006 was set aside and I.A.2543 of 2006 was remanded for fresh disposal. In such circumstances, I find no necessity to issue notice to the respondents in this writ petition especially when Advocate Smt. Hemalatha, who is appearing for first respondent/decree holder WP(C).10265/09-O 2 in O.S.379 of 1982 the first respondent in Ex.F.A.5 of 2009 was heard in Ex.F.A.5 of 2009 and the judgment in the writ petition is also pronounced in her presence. 2. As the common order passed by the Sub Judge was set aside in Ex.F.A.5 of 2009, the other common order in I.A.4479 of 2002 is also to be set aside. As the result of I.A.2543 of 2006 is relevant, while considering the application I.A.4479 of 2002, I.A.4479 of 2002 is also to be remanded. 3. The order in I.A.4479 of 2002 is quashed. Sub Judge, Thiruvananthapuram is directed to pass appropriate order in I.A.4479 of 2002 along with I.A.2543 of 2006. As the petitions are pending before court from 2002, the Sub Judge is directed to dispose the petitions expeditiously, at any rate within four months from the date of receipt of this judgment. Writ petition is disposed of accordingly. M. SASIDHARAN NAMBIAR, JUDGE okb