IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 5278 of 2009(O) ------------------------- PETITIONER: --------------- THOMMEN JOSEPH, S/O.THOMMEN,KALATHUR MEENACHIL POST, KOTTAYAM. BY ADV. MR. MATHEW JOHN (K) MR. AJEESH K.SASI RESPONDENT: --------------- BRAHMAGIRI 'B' ESTATE REP.BY ITS PARTNER MICHAEL VAN INGEN S/O.BOTHA VAN INGEN, 'THE LAND' MYSORE-570019. ADV. MR. E.NARAYANAN MR. SRINATH GIRISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).5278/2009 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE PRL. SUB COURT, KOZHIKODE EXT.P2:- A TRUE COPY OF THE PETITION FILED BYTHE RESPONDENT DT. 1.7.03 EXT.P3:- A TRUE COPY OF THE DIARY MAINTAINED BY THE PRL.SUB COURT, CALICUT EVIDENCING THE DATE OF POSTING OF THE CASE. RESPONDENT'S EXHIBITS:- NIL Okb - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- W.P(C).No.5278 OF 2009 -------------------------------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T This petition is filed under Article 227 of Constitution of India for a direction to Principal Sub Court, Kozhikode to pass final orders in Exts.P1 and P2, the petitions filed under section 17 and 30 of the Arbitration Act. The case of the petitioner is that Exts.P1 and P2 proceedings are pending before Principal Sub Court, Kozhikode from 2003 onwards and there should be a direction to the Sub Court to expedite the proceedings. Learned counsel appearing for respondent submitted that respondent has no objection for giving a direction to dispose Exts.P1 and P2 expeditiously. 2. Relying on Ext.P3 copy of the B diary learned counsel appearing for petitioner submitted that the petitions were heard and posted for orders to 4.10.2004 and then reopened and posted again for orders on 6.1.2005 and then again reopened and posted for arguments and are not being disposed. In such circumstances, writ petition is disposed of directing Principal WP(C).5278/2009 2 Sub Court, Kozhikode to dispose Exts.P1 and P2 proceedings as expeditiously as possible and in any event within three months from the date of a copy of this judgment. M. SASIDHARAN NAMBIAR, JUDGE okb