IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 11896 of 2009(O) -------------------------- OS.100/2006 of SUB COURT, CHERTHALA .................... PETITIONER(S): ------------------------ ANNAMMA CHANDAPILLAI, AGED 64 YEARS, W/O. LATE CHANDAPILLAI, RESIDING AT MUNDAKATHIL HOUSE, ARROR MURI, AROOR VILLAGE, CHERTHALA. BY ADV. MR.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): --------------------------- K.S. ANIL, AGED 34 YEARS, S/O. LATE XAVIER, RESIDING AT KARUTHANTHARAYIL, PULICKAPARAMBIL (KOTTIKATTIL CHARAMVELIYIL) ARROR MURI, AROOR VILLAGE, CHERTHALA. BY ADV. MR.R.AZAD BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11896/2009 O APPENDIX PETITIONER'S EXHIBITS: P1 AND P1(A):COPIES OF DISCHARGE SUMMARIES ISSUED BY THE HOSPITAL AUTHORITIES. P2: COPY OF THE TEMPORARY INJUNCTION IN I.A.NO.552/06 DTD. 10/02/06. P3: COPY OF THE PLAINT IN O.S.NO.17/2006 PENDING BEFORE THE SUB-COURT, CHERTHALA. P4: COPY OF THE ORDER DTD. 29/09/06 IN OP(Tr) NO.21/2006. P5: COPY OF THE AGREEMENT DTD. 13/12/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.11896 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 15th June, 2009 JUDGMENT The Writ Petition is filed seeking the following reliefs: 1. To issue a writ of mandamus directing the Sub Court, Cherthala to list and dispose the O.S.No.100/06 and O.S.No.17/06 within the time limit fixed by this Hon'ble Court. 2. Such other reliefs this Hon'ble court may deem fit and appropriate for the facts and circumstances of this case. 2. Two suits, both filed by the present petitioner, one for specific performance and the other for a decree of a perpetual prohibitory injunction as against the respondent are now pending for trial before the Sub Court, Cherthala. Petitioner, a widow, who is stated to be suffering from various ailments, seeks early disposal of the suits filing the above Writ Petition invoking the supervisory jurisdiction vested under Article 227 of the Constitution of India. 3. A report from the learned Sub Judge, Cherthala was obtained to examine whether the suits are ripe for trial and if so, the time required for its disposal. It is reported that in the suits, a commission was appointed, but, the order of commission is still to be executed. The learned Sub Judge has sought six months time for disposal of the W.P.C.No.11896/09 - 2 - suits. The time sought for appears to be reasonable, especially in view of the fact that a commission order issued remains to be executed. I direct the learned Sub Judge, Cherthala to dispose the suits as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. Report from the advocate commissioner has also be expedited for the purpose of honouring the time limit fixed by this court for disposal of the suit. The Writ Petition is disposed as above. Communicate a copy of the judgment to the court below forthwith, and handover a copy of the judgment to the counsel on both sides on usual terms. srd S.S. SATHEESACHANDRAN, JUDGE