IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 11871 of 2005(L) -------------------------- AGAINST THE ORDER DATED / / IN IA.282/04 IN OS.10/2004 of ADDL.SESSN.COURT (ADHOC-II)KASARAGODE .................... PETITIONER: ------------ K.M.BALAKRISHNAN NAIR, S/O. P.U.RAMAN NAIR, RETIRED LIC OFFICER, GOKULAM, MELANKOD, KANHANGAD. BY ADV. SRI.T.K.VIPINDAS SRI D.KRISNAPRASAD RESPONDENTS: ------------- 1. CHINMAYA MISSION EDUCATIONAL & CULTURAL TRUST, KANNUR, REPRESENTED BY CHIEF SEVAK K.K.RAJAN. 2. A.C.MOHANAN, S/O.GOVINDAN NAMBIAR, RESIDING AT A.C.HOUSE, ATHIYAMBUR, KANHANGAD. BY ADV. SRI.P.RADHAKRISHNAN (1) FOR R1 SRI.MADHU RADHAKRISHNAN FOR R1 SRI.V.N.RAMESAN NAMBISAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WP(C) 11871/2005) PETITIONER'S EXTS. EXT.P1 TRUE COPY OF PLAINT DATED 14.6.2002 AS O.S.34/2002 ON THE FILE OF SUB COURT, HOSDURG FILED BY R1. EXT.P2 TRUE COPY OF WRITTEN STATEMENT DTD. 14.8.2002 FILED BY PETITIONER IN EXT.P1. EXT.P3 TRUE COPY OF PLAINT DTD. 16.4.2000 AS O.S.180/2002 ON THE FILE OF MUNSIFF COURT, HOSDURG FILED BY R1. EXT.P4 TRUE COPY OF JUDGMENT DTD 6.8.2001 IN O.S.180/2000 ON THE FILEOF MUNSIFF COURT, HOSDURG. EXT.P5 TRUE COPY OF I.A.282 OF 2004 IN O.S.10/2004 DTD 2.8/2004 FILED BY PETITIONER BEFORE ADDL.DIST COURT, KASARGOD. EXT.P5(a) TRUE COPY OF AFFIDAVIT DTD. 2.8.2004 FILED BY PETITIONER IN SUPPORT OF EXT.P5. EXT.P6 TRUE COPY OF COUNTER DTD. 13.8.2004 FILED BY R1 IN EXT.P5. EXT.P7 TRUE COPY OF ORDER DTD. 10.2.2005 IN I.A.282 OF 2004 IN O.S.10 OF 2004 ON THE FILE OF DIST. COURT, KASARGOD. lgk M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 11871 OF 2005 ............................................ DATED THIS THE 22nd DAY OF JULY, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India challenging Ext.P7 order passed by Additional District Court, Kasargod in I.A.282 of 2004 in O.S.10 of 2004 holding that issue No.1 cannot be decided as a preliminary issue and it is to be decided along with other issues. 2. Learned counsel appearing for petitioner and respondent were heard. But for the petition filed before this court, District Judge could have disposed the original suit much earlier. Under Ext.P7 order, District Judge found that issue No.1 cannot be decided as a preliminary issue and that it could be tried along with the other issues in the suit. I do not find any illegality or irregularity in the said order. As the suit is now ripe for trial, learned District Judge is directed to dispose the suit as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE lgk/-