IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD NOVEMBER 2010 / 1ND AGRAHAYANA 1932 OP(C).No. 792 of 2010(O) ------------------------ OS.422/2009 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------------------------ 1. K.M.GEETHA VIJAY, W/O. VIJAYAKUMAR, PARPIDAM, AGED 53, TC 9/5, TENNIS CLUB ENCLAVE, KOWDIAR, THIRUVANANTHAPURAM. 2. K.S.SHYLA MADAN, W/O. MADHUSOODHANAN, KOODU, TC 15/134(I), ATHAM LANE, THIRUVANANTHAPURAM-10. 3. SUJTHA JAYAPRAKASH, W/O. JAYAPRAKASH, MAYASREE, TC 4/2297/2, KURAVANKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT(S): --------------- 1. GOPALAKUMARAN, 'HARISREE', TC 4/223, KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM-23. 2. SUDHA, 'HARISREE', TC 4/223, KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM-23. 3. THE CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDINGS, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. MOHANA KUMAR, RAMAKRISHNA HOME, PULIMOODU, THIRUVANANTHAPURAM. 5. AJAYAN, RAMAKRISHNA HOME, PULIMOODU, THIRUVANANTHAPURAM. 6. KALA, RAMAKRISHNA HOME, PULIMOODU, THIRUVANANTHAPURAM. 7. AMARNATH, RAMAKRISHNA HOME, PULIMOODU, THIRUVANANTHAPURAM. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.792 of 2010 --------------------------------------- Dated this 23rd day of November, 2010 JUDGMENT Notice to respondents is dispensed with in view of the order I propose to pass. 2. Plaintiffs in O.S.No.422 of 1999 of the court of learned Additional Sub Judge-II, Thiruvananthapuram is the petitioners before me seeking to quash Ext.P3, order and issue direction to the learned Sub Judge to complete examination of witnesses in the case. This court called for a report from learned Sub Judge. Learned Sub Judge has submitted report dated 20-11-2010. 3. O.S.No.422 of 1999 is being tried along with a few other cases including three land acquisition reference matters. It would appear from the report of learned Sub Judge that evidence in the cases started on 7-12-2009 by appointing an Advocate Commissioner for recording deposition of witnesses. Thereafter case was posted on several dates as revealed in the report and in the meantime it was revealed that some original documents produced in court were missing. It is also revealed that on some dates the cases were posted for evidence parties were not ready to adduce evidence and hence the case had to be removed from the list and now it is included in the list on 02-03-2011. While so, O.P(C).No.792 of 2010 : 2 : petitioners filed application to advance hearing of the suit stating that some of the parties to the litigation are already dead. Learned Sub Judge passed Ext.P3, refusing to advance hearing of the suits for the reason that there is no urgency made out. That order is under challenge. 4. I have heard counsel for petitioners. I have also gone through the report of learned Sub Judge. It is seen that several cases are tagged on together for trial and disposal. Learned Sub Judge has also pointed out that the case was posted on 02-03-2011 on account of pressure of work including disposal of a case in which the Supreme Court gave direction for time bound disposal. 5. Having regard to these aspects and also considering the circumstances stated by learned Sub Judge in the report, I do not find reason to quash Ext.P3, order. But, I make it clear that Ext.P3, order will not stand in the way of learned Sub Judge considering whether the cases can be preponed to any other convenient day for trial. In the meantime learned Sub Judge may issue direction to the Advocate Commissioner who has been directed to record evidence of witnesses to complete that work so that recording of evidence of those witnesses can be completed. This petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-