IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 34128 of 2009(O) --------------------------------------- [OS.NO.116/2000 OF SUB COURT, MAVELIKKARA] .................... PETITIONER: ------------------- CHINMAYA SEVA TRUST, REPRESENTED BY ITS CHIEF SEVAK DR.MUKUNDAN, NIRANJALI BUILDING, ROUND NORTH, THRISSUR. BY ADV. MR.GEORGE SEBASTIAN. RESPONDENTS: ------------------------ 1. CHENGANNUR CHINMAYA MISSION EDUCATIONAL CULTURAL AND CHARITABLE TRUST, CHINMAYA VIDHYALAYA MANAGEMENT COMMITTEE, CHENGANNOOR, REP. BY K.G.SURESHKUMAR, KALARIYIL HOUSE, CHENGANNOOR. P.O. 2. K.G.SURESHKUMAR,KALARIYIL HOUSE, CHENGANNUR, PRESIDENT, CHINMAYA MISSION EDUCATIONAL CULTURAL AND CHARITABLE TRUST, CHINMAYA VIDHYALAYA MANAGEMENT COMMITTEE, CHENGANNOOR.P.O. 3. KOCHANIYAN,THEKKEDATH KIZHAKETHIL HOUSE, ANGADICKAL,CHENGANNOOR VILLAGE, SECRETARY, CHINMAYA MISSION EDUCATIONAL CULTURAL AND CHARITABLE TRUST, CHINMAYA VIDHYALAYA MANAGEMENT COMMITTEE, CHENGANNOOR.P.O. 4. CENTRAL CHIMNAYA MISSION TRUST, REPRESENTED BY ITS TRUSTEE, SANDEEPANI, SADHANALAYA, SAKHIVIHAR ROAD, NEAR PAWAI PARK, BOMBAY, 400 072. 5. CHIMNAYA MISSION EDUCATIONAL CULTURAL TRUST, GRATER COCHIN,NETTIPADAM ROAD, KOCHI. R4 BY ADV.MR.JAYAN.C.DAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34128/2009-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 14/03/2006 IN RFA 266/2003 OF THE HONOURABLE HIGH COURT. EXT.P.2: COPY OF THE ORDER DTD. 31/05/2006 IN I.A. 963/2006 IN RFA 266/2003. EXT.P.3: COPY OF THE ORDER DTD. 14/07/2006 IN I.A. 963/2006 IN RFA 266/2003. EXT.P.4: COPY OF THE REVIEW PETITION 647/2006 IN I.A. 963/2006 IN RFA 266/2003. EXT.P.5: COPY OF THE ORDER DTD. 18/10/2006 IN R.P. 647/2006 IN I.A. 963/2006 IN RFA 266/2003. EXT.P.6: COPY OF THE RELEVANT EXTRACT OF THE REPORT AND AUDIT ACCOUNTS SUBMITTED BY THE AUDITORS ON 13/10/2008 BEFORE THE SUB COURT, MAVELIKKARA. EXT.P.7: COPY OF THE JUDGMENT DTD. 30/09/2009 IN O.S. 42/2008 OF THE MUNSIFF COURT, CHENGANNOOR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 34128 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of February, 2010 JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking a direction either to Sub Court, Mavelikkara or Sub Court, Chengannur to dispose of O.S. No.116 of 2000, said to be pending, as expeditiously as possible. 2. Petitioner was the 2nd plaintiff in O.S.No.116 of 2000 on the file of the Sub Court, Mavelikkara. The suit was one for a declaration of title over the plaint schedule properties. The suit was decreed and the appeal filed by defendants 1 and 2 was dismissed. The decree become final. Thereafter, the plaintiffs moved this Court to discharge receivers and handover possession of the plaint schedule properties. This Court vide Ext.P2 order discharged the receivers and by Ext.P3 order auditors were appointed. In the meanwhile, receivers made certain claims that was considered as per Ext.P5 order. W.P.(C) No. 34128/2009 2 3. It is submitted that the matter is being dragged and it causes irreparable difficulties to the petitioner. Therefore, the petitioner seeks earlier disposal of the case. The suit was earlier pending before the Sub Court, Mavelikkara. Later Sub Court, Chengannur was constituted and the suit was transferred to Sub Court, Chengannur. 4. The prayer made is reasonable and just. The suit has been pending for a long time. It is also submitted that auditors have submitted their report. 5. In the result, there will be a direction to the Sub Court, Chengannur, if the case is pending before that court or other than Sub Court, Mavelikkara, to consider and dispose of the suit as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. This wit petition is disposed of accordingly. P.BHAVADASAN, JUDGE. mn.