IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29807 of 2008(W) -------------------------- OS.354/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: -------------------- PEREIRA NAZARETH XAVIER @ ANTHONY PEREIRA, S/O.LATE SEBASTIAN PEREIRA, RESIDING AT TC.34/1613, SOSAMMA COTTAGE, KOCHUTHOPPU, VALLAKADAVU PO., THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT: ----------------------- GILBERT.F.ROZARIO, RESIDING IN AN UNNUMBERED HUT, NEAR TC.34/1613, SOSAMMA COTTAGE, KOCHUTHOPPU, VALLAKADAVU PO., THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008 ALONG WITH WPC.NO.29903 OF 2008 AND WPC.NO. 29913 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J -------------------------- W.P.(C) Nos. 29807 OF 2008 & 29903 OF 2008 ------------------------------------------------------- Dated this the 13th day of October, 2008 J U D G M E N T Writ Petition No. 29807/08 is filed with a prayer to direct the II Additional Sub Court, Thiruvananthapuram to advance O.S. 354/08 and hear the preliminary issue within a time limit. The other Writ Petition is filed with a prayer to direct the I Additional Sub Court, Thiruvananthapuram to advance O.S. 152/07 and hear the preliminary issue within a time limit. The learned counsel for the writ petitioner in both the cases submits that undue hardship is caused on account of the non disposal of the matter especially even after armed with a decree in favour of the parties. The learned Sub Judge in one of the case observed that time limit for payment of court fee is on 10.11.2008. There is some force in the observation of the learned Sub Judge that preliminary issue can be heard after payment of court fee for the reason that sometimes it may have a direct impact on the suit itself. Since the time is granted upto 10.11.2008 in one of the cases, I do not want to disturb the same at this stage, but make it clear that the W.P.(C) Nos. 29807 OF 2008 & 29903 OF 2008 -2- respective suits mentioned above, that is preliminary issues raised in those suits, be considered and orders be passed at any rate on or before 20.11.2008. I make it clear that further time need not be granted for payment of any court fee and the court has to decide the matter within the time framed as ordered by this Court. The matter to be decided in both the cases at this stage are the preliminary issues which are to be heard and disposed of under Order XIV Rule 2 of the Code of Civil Procedure. M.N. KRISHNAN, JUDGE vkm