IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 4842 of 2009(B) ------------------------- AGAINST THE ORDER IN I.A.NO.202/2009 AND IA.203/2009 IN OS.106/2007 of SUB COURT,NEYYATTINKARA .................... PETITIONER(S): --------------- P.SULTHANKANNU,THOTTIYODU PUTHEN VEEDU VIZHINJAM DESOM,KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): --------------- 1. RAFIYA BEEVI MUHAMMED BEEVI - DIED W/O. MYTHEENKANNU LEBBA, THAHA MANZIL,VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. 2. ABDUL KALAM, S/O. MYTHEENKANNU LEBBA, AIR TRAVEL BUREAU,ATTAKULANGARA JUNCTION THIRUVANANTHAPURAM. 3. SAINUDEEN, S/O.MYTHEENKANNU LEBBA, NEDUMANGADU JUNCTION, NEDUMANGADU, THIRUVANANTHAPURAM. 4. ABDUL VAHID, S/O. MYTHEENKANNU LEBBA, MYLUMMOODU HOUSE, KONGANAM, NEDUMANGADU, THIRUVANANTHAPURAM. 5. ZEENATH BEEVI,D/O. MYTHEENKANNU LEBBA, SABITHA COTTAGE, CHAMAVILA, BALARAMAPURAM, THIRUVANANTHAPURAM. 6. ABDUL LATHEEF,S/O. MYTHEENKANNU LEBBA, THAHA MANZIL, VIZHINJAM,THIRUVANANTHAPURAM. 7. ABDUL SALAM, S/O. MYTHEENKANNU LEBBA, THAHA MANZIL, VIZHINJAM,THIRUVANANTHAPURAM. WPC 4842/09 -2- 8. SAFADALLAKHAN, S/O. MYTHEENKANNU LEBBA, THAHA MANZIL, VIZHINJAM,THIRUVANANTHAPURAM. IT IS RECORDED THAT RESPONDENT NOS.2 TO 8 ARE THE ONLY LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT AND RESPONDENT NOS.4 TO 8 ARE DELETED FROM THE ARRAY OF PARTIES AS PER IA NO.3833/09. ADV. SRI.PIRAPPANCODE V.S.SUDHIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 4842/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 23.9.2005 IN C.M.A.NOS.93/1994 AND 94/1994 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE INJUNCTION PETITION I.A.NO.202/2009 IN O.S.NO.106/2007 ON THE FILE OF THE SUB COURT, NEYYATTINKARA. EXT.P3: COPY OF THE COMMISSION APPLICATION I.A.NO.203/2009 IN O.S.NO.106/2007 ON THE FILE OF THE SUB COURT, NEYYATTINKARA. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.4842 of 2009 --------------------------------------------- Dated this the 16th day of March, 2009 JUDGMENT The petitioner is defendant No.34 in O.S.No.106 of 2007 on the file of the court of the Subordinate Judge of Neyyattinkara. The suit was filed for declaration and possession and for fixation of boundaries of the plaint schedule property. It is stated that the suit was decreed in part by the trial court originally. The petitioner filed A.S.No.286 of 1988 and some other defendants filed A.S.No.259 of 1988 before the District Court, Thiruvananthapuram. Those appeals were disposed of by a common judgment and the suit was remanded to the trial court for fresh disposal. Though the order of remand was challenged in appeal before the High Court, the C.M.Appeals were dismissed. The suit was thereafter renumbered as O.S.No.106 of 2007. 2. The petitioner filed I.A.No.202 of 2009 for temporary injunction (Ext.P2). He also filed I.A.No.203 of 2009 (Ext.P3) for appointing a Commissioner. It is stated that the applications WPC No.4842 /2009 2 were posted to 20.3.2009. Though a petition for advancing the hearing of the applications were filed by the petitioner, he did not get any positive result. 3. The relief prayed for by the petitioner is to issue a direction to the trial court to dispose of Exts.P2 and P3 applications expeditiously. After hearing the learned counsel appearing for the parties and also taking note of the facts and circumstances of the case, I am of the view that the trial court can be directed to consider I.A.No.202 of 2009 and I.A.No.203 of 2009 on the date of next posting or on any other subsequent date, preferably before the court closes for summer vacation. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE csl WPC No.4842 /2009 3