IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7292 of 2010(O) -------------------------------------- OS.465/2007 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): ----------------------- N.UNNIKRISHNA PILLAI, UMA MANDIRAM, THEKKEVILA P.O., KOLLAM. BY ADVS.MR.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT(S): ------------------------- L.MURUGAN, PARANETHU VEEDU, GOPALASSERRY, VADAKKEVILA P.O., KOLLAM-691 010. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.7292 of 2010-O ------------------------------------- Dated 8th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the petitioner seeks a direction to the Sub Court, Kollam to take up IA No.3554/09 in OS No.465/07 and dispose of the same as expeditiously as possible. 2. The petitioner is the defendant in OS No.465/09 on the file of the Sub Court, Kollam. The suit was one for money based on cheque. It seems that the suit was decreed ex parte. The petitioner filed IA No.3554/09 to have the said ex parte order set aside within a stipulated time. This Court is given to understand that the respondents in the petition have no objection in doing so. The complaint is that even thereafter, the petition is not being taken up and orders being passed, which is causing irreparable injury and loss to the petitioner. WPC 7292/10 2 3. One fails to understand as to what prevents the Court below from having the petition disposed of especially, when the respondents have endorsed no objection in setting aside the ex parte decree. In the light of the order that is proposed to be passed in this Writ Petition, it is felt that it is unnecessary to issue notice to the respondents. This Writ Petition is allowed, directing the Sub Court, Kollam to take up IA No.3554/09 in OS No.465/09 and dispose of the same in accordance with law as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. P.BHAVADASAN, JUDGE sta WPC 7292/10 3