IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 OP(C).No. 1086 of 2010(O) ------------------------- AGAINST THE ORDER IN IA 4257 /2010 IN OS.155/2002 of SUB COURT, TIRUR .................... PETITIONER: -------------------- CHANDU VEETTIL SUBAIR S/o. KOYAKUTTY HAJI CHANDU VEETTIL HOUSE NEDUVA AMSOM DESOM CHETIPPADI, THIRURANGADI MALAPPURAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, Mr. SHAMEER S/o. KOYAKUTTY HAJI KUNDITHODIYIL HOUSE VALLIKKUNNU AMSOM DESOM KADALUNDI NAGARAM, TIRURANGADI TALUK MALAPPURAM DISTRICT BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- KUNJIKOYA, S/o. CHEKKUTTY HAJI MELEVEETTIL HOUSE, THIRURANGADI TALUK KADALUNDI P O 673 314 MALAPPURAM DISTRICT THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1086 of 2010 --------------------------------------- Dated this 10th day of December, 2010 JUDGMENT Plaintiff in O.S.No.155 of 2002 of the court of learned Sub Judge, Tirur is the petitioner. That is a suit for recovery of money. Petitioner is represented in the court below through his power of attorney since he is working abroad. Petitioner states that relevant documents are produced in the trial court. Respondent/defendant has denied the transaction. Now the case is posted for trial in the list on 13-12-2010. Petitioner filed Ext.P3, application to remove the case from list since he has to give evidence but he is unable to be present in court on 13-12- 2010 as he is not getting leave. That application was dismissed by Ext.P3, order which is under challenge. Learned counsel states that if two months' time is granted, petitioner could come to his native place and give evidence. Having regard to the circumstances stated I am inclined to allow the prayer. Resultantly this petition is allowed. Learned Sub Judge is directed to post the case (if necessary along with the connected case) for trial in the list to a day after two months from this day. Petitioner shall not seek further adjournment of trial. This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-