IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 OP(C).No. 3369 of 2011(O) --------------------------------------- OS.NO.412/2010 of ADL.SUB COURT, THALASSERY .................... PETITIONER --------------------- THE CORPORATION BANK, ASHOKA ROAD MAIN BRANCH, MYSORE,KARNATAKA STATE REPRESENTED BY ASSISTANT MANAGER,ZONAL OFFICE,PUKALATKAT BUILDING, THAMMANAM ROAD,PALARIVATTOM, KOCHI-682 025 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE ADV. SRI.R.PARTHASARATHY RESPONDENT(S): -------------------------- FAST LINE BUILDERS & DEVELOPERS KERALA PVT, DELTA TOWER, THANA, KANNUR REPRESENTED BY THE CHAIRMAN,P.V.SANTHOSH,S/O.KARUNAKARAN,AMIRUTHA, NIRMALAGIRI,ABILADU AMSOM,KUTHUPARAMBA DESOM, TELLICHERRY TALUK,KANNUR DISTRICT 670 012. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.3369/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN OS. 412/2010 P2 COPY OF THE APPLICATION FOR INJUNCTION IA 3340/2010. P3 COPY OF THE COUNTER FILED BY THE PETITIONER IN IA 3340/2010. P4 COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN OP(C)NO.908/2011. P5 COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.3369 of 2011 --------------------------------------- Dated this 19th day of October, 2011 JUDGMENT First defendant in O.S.No.412 of 2010 of the Court of learned Sub Judge, Thalassery is the petitioner, seeking direction to pass orders on I.A.No.3340 of 2010 and as regards the maintainability of the suit raised by petitioner, as early as possible. 2. Respondent filed the suit for a decree for prohibitory injunction against confirmation of sale of property of M/s.Aquarius Amusement, Theme Park and Resorts Pvt. Ltd conducted as per Provisions of SARFACI Act on 11.10.2010, mandatory injunction to direct petitioner and other defendants to conduct fresh auction and for other reliefs. Respondent filed I.A.No.3340 of 2010 for an order of mandatory injunction against confirmation of the sale. Learned Sub Judge granted an interim order. Petitioner filed counter affidavit on I.A.No.3340 of 2010 and as petitioner states, that application was heard on 07.01.2011 but no order is passed on I.A.No.3340 of 2010 so far. In the meantime, some of the parties approached this Court and this Court passed Ext.P4, judgment where it is observed that the O.P(C).No.3369 of 2011 -: 2 :- question of jurisdiction of the Court to entertain the suit can be raised as a preliminary issue and that petitioner and other defendants could request the learned Sub Judge to try the issue regarding maintainability as a preliminary issue. It is pointed out that accordingly, an issue was raised and the maintainability of the suit was heard on 07.07.2011 but, the said question has also not been decided so far. 3. Learned Senior Advocate submits that having regard to the circumstances and the facts of the case, it is necessary that learned Sub Judge decides the issue regarding maintainability of the suit and I.A.No.3340 of 2010 within a time frame fixed by this Court. 4. Having regard to the facts and circumstances stated above I am inclined to issue a direction as prayed for. Resultantly this original petition is disposed of directing the learned Sub Judge, Thalassery to pass appropriate order as regards maintainability of the suit and on I.A.No.3340 of 2010 (in O.S.No.412 of 2010 of the Court of learned Sub Judge, Thalassery) as early as possible, giving it all priority. (THOMAS P JOSEPH, JUDGE) Sbna/-