IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 16175 of 2009(O) --------------------------------------- OS.NO.95/2006 OF III ADDL.SUB COURT, KOZHIKODE. .................... PETITIONER: ------------------- NARAYANAN NAIR, S/O.KANNAN NAIR, AGED 75 YEARS, "SREE HARI", KASABA AMSOM, KARVAKUNNU DESOM, KOZHIKODE TALUK AND DISTRICT. BY ADV. MR.K.PRAVEEN KUMAR. RESPONDENTS: ----------------------- 1. DR.LOKESHAN NAIR, S/O.NARAYANAN NAIR, WORKING AT BONE & JOINT HOSPITAL, ERANHIPALAM, KACHERI AMSOM DESOM, KOZHIKODE. 2. SMT.KANTHIMATHI, D/O.NARAYANAN NAIR, WORKING AT CANARA BANK, HOSKOTE BRANCH, BANGALORE, KARNATAKA STATE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.16175 of 2009 - O --------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following relief: “To issue a writ of mandamus or any other appropriate writ, order or direction, directing the Sub Court III Addl. Kozhikode to expedite the trial of O.S.No.95/2006 and dispose of the same at the earliest.” 2. Petitioner is the plaintiff in O.S.No.95/2006 on the file of the III Additional Sub Court, Kozhikode and the respondents are the defendants in the suit. Suit is one for declaration of title, injunction and consequential reliefs. This writ petition is filed seeking a direction to the court having seizin over the case for its expeditious disposal. A report was called from the learned Sub Judge to ascertain whether the suit is ripe for trial and if so, the time required for its disposal. The learned Sub Judge has reported that after filing of the rejoinder to the written statement filed by the plaintiff, the case is now posted for additional written W.P.(C).No.16175 of 2009 - O 2 statement of the defendants. He would further state that a petition had been filed by one of the defendants to hear the question of valuation stated in the plaint and so much so, the issue of court fee has to be considered as a preliminary issue. The learned Sub Judge would also state that if the parties have no other steps to be taken in the court, the suit can be disposed within a period of six months. Once a rejoinder is filed by the plaintiff to the written statement of the defendants there is no provision under the Code for posting the case for additional written statement from the defendants. Rejoinder is a reply to the written statement of the defendants. So much so, if the posting of the case for additional written statement is for the purpose of answer to the rejoindr, the learned sub Judge has to consider that matter afresh and pass appropriate orders taking note of the procedural regulations stipulated in CPC. Consideration of the valuation made in the suit, in view of the interlocutory application moved by the defendants challenging the valuation, cannot delay the trial and disposal of the suit. If any issue is raised regarding the valuation of court fee, it is to be W.P.(C).No.16175 of 2009 - O 3 considered as a preliminary issue and appropriate orders have to be passed without delay. 3. Having regard to the facts and circumstances involved, I direct the III Additional Sub Judge, Kozhikode to dispose the suit as expeditiously as possible, after giving sufficient opportunity to both sides, before the closing of the courts for the Christmas vacation. The writ petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-