IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 RP.No. 144 of 2009(W) ------------------------------------ AGAINST THE JUDGEMENT IN WPC.2082/2009 .................... REVIEW PETITIONERS/PETITIONERS: 1. GEORGE P. THOMAS, AGED 80, S/O.LATE THOMAS, AREECKAL MEMURIYIL HOUSE,ELANTHOOR KIZHAKKU MURI, ELATHOOR VILLAGE, KOZHENCHERY TALUK. 2. THOMAS GEORGE, S/O. GEORGE P. THOMAS, DO. DO. 3. JESSY THOMAS AGED 39, W/O. THOMAS GEORGE, DO. DO. BY ADV. SRI.P.HARIDAS RESPONDENTS/RESPONDENTS: 1. MATHEW VARGHESE @ SHAJI, AGED 49, S/O. K.J. UNNUNNI, ADVOCATE BY PROFESSION, KUZHIMURIYIL HOUSE, PARAKKANAM MURI, CHENNEERKARA VILLAGE, PRAKKANAM P.O., KOZHENCHERY TALUK. 2. KUNJUKUNJAMMA RJU, AGED 45, W/O. RAJU, EDAYILAMURIYIL, AREECKAL BHAGOM, ELANTHOOR VILLAGE, KOZHENCHERY TALUK. 3. LEELA SUTHAN, AGED 45, W/O. SUTHAN, KEEZHEDATHU HOUSE, AREECKALPADI MURI, ELANTHOOR VILLAGE, KOZHENCHERY TALUK. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- R.P.No.144 of 2009 in W.P.(C)No.2082 of 2009 -------------------------- ORDER This review petition is moved as this Court has not issued any orders directing the court below to dispose of Exhibits P4 and P5 applications urgently. Such direction was not given not because the counsel was not present, but because no direction was called for to be issued in the matter of disposal of Exhibits P4 and P5 applications in the circumstances of the case. 2. The grievance of the petitioner mainly was that though O.S.Nos.277/08 and 280/08 were ordered to be transferred from the Munsiff's Court, Pathanamthitta to the Sub Court, Pathanamthitta vide order on O.P.(TP)Nos.74/08 and 75/08, the learned Munsiff is not passing any orders either on Exhibit P4 application or on Exhibit P5 application nor is he transmitting the records to the Sub Court, Pathanamthitta as per the transfer ordered. RP 144/09 2 It was therefore that the matter was got ascertained from the Munsiff's Court, Pathanamthitta as to why the said course is adopted. Registry got ascertained from the Munsiff's Court that the records in O.S.Nos.277/08 and 280/08 are already transmitted to the Sub Court, Pathanamthitta vide covering letter No.49/09 on 15.1.2009. 3. It is worthy to remember in this context that Exhibits P4 and P5 applications were filed only on 31.12.2008. It was, in the meanwhile, that the transfer was ordered and records were accordingly transmitted on 15.1.2009 to the Sub Court, Pathanamthitta. Before receiving the file in the Sub Court and checking the records as per the cause list, writ petition is filed before this Court on 19.1.2009 and this Court, on verifying that the grievance of the petitioner is redressed by transmission of the records, disposed of the writ petition vide judgment dated 21.1.2009. When RP 144/09 3 the records were transmitted to the Sub Court along with the covering letter on 15.1.2009 only, it was not proper for this Court to give a direction to the Sub Judge to pass orders on Exhibits P4 and P5 applications urgently, as the matter could very well be represented before the Sub Judge, if the parties wanted to have the matter taken up. When the courts below are passing orders on emergent matters without obtaining directions from this Court, any grievance in the matter need be entertained by this Court only in the event of the court adopting any dilatory tactics. No such incident has occurred in this case. This review petition filed seeking for a review of the judgment incorporating the direction to dispose of Exhibits P4 and P5 within a time frame, in the circumstances, is devoid of any merit and is dismissed. 10th February, 2009 (K.P.Balachandran, Judge) tkv