IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4305 of 2008(K) ------------------------- AGAINST THE ORDER DATED IN IA 100/2008 IN OS.220/2004 of MUNSIFF COURT, RANNI .................... PETITIONERS: ------------ 1. DAVEED, AGED 64 YEARS, KAPPAYIL HOUSE, CHELLACKADU P.O., PAZHAVANGADI MURI & VILLAGE, RANNY TALUK. 2. KUNJAMMA DAVEED, AGED 57 YEARS, W/O. DAVID, KAPPAYIL HOUSE, CHELLACKADU P.O., PAZHAVANGADI MURI & VILLAGE, RANNY TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- 1. VARGHESE GEORGE, AGED 90 YEARS, S/O. LATE MATHAI VARGHESE, ANTHARIYETHU HOUSE, CHELLACKADU, PAZHAVANGADI VILLAGE, RANNY TALUK. 2. GEORGE MATHEW, AGED 52 YEARS, S/O. VARGHESE MATHEW, ANTHARIYETHU HOUSE, CHELLACKADU, PAZHAVANGADI VILLAGE, RANNY TALUK. 3. C.I. OF POLICE, RANNY. BY GOVT. PLEADER SRI. V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4305 OF 2008 --------------------- Dated this the 5thday of February, 2008 JUDGMENT This writ petition is filed with a prayer to issue a writ of certiorari to quash the order dated 29.1.08 in IA 100/08 and to issue appropriate writ or order allowing Ext.P7. 2. Heard the learned counsel for the writ petitioners. The writ petitioners are the defendants in OS 220/04. The said suit was decreed and the counter claim filed by the defendants were dismissed. It is submitted that an application has been filed to set aside the ex parte decree as well as to restore the counter claim. The petition filed for setting aside the ex parte decree is numbered as IA 1814/07 and for condoning the delay as IA 1815/07. Petitioners also filed an application for injunction as IA 100/08 and another application for appointment of a Commissioner as IA 95/08. 3. I am informed that issuance of a Commission is allowed and other matters are pending. In the injunction petition also, only notice is ordered. It is for the party to move the court for early hearing and disposal. Since there is an urgency stated, I direct the WPC NO 4305/08 2 court below to consider Exts.P5 & P6 and IA 100/08 as expeditiously as possible and pass orders thereon within a time frame of 10 days from the date of receipt of a copy of this judgment. I make it clear that this will not debar the writ petitioners from moving the court for any other incidental reliefs that the petitioners may like to have, till the disposal of the applications mentioned above The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 4305/08 3