IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 15927 of 2009(O) --------------------------------------- I.O.P.NO.4/2008 OF SUB COURT, PERUMBAVOOR. .................... PETITIONER: ------------------- SUSEELA, AGED 44 YEARS, W/O.RADHAKRISHNAN, KAVISSERY HOUSE, IMURI P.O., KOOVAPPADY VILLAGE. BY ADV. MR.N.K.MOHANLAL. RESPONDENTS: ------------------------ 1. SABIK AHAMMED, AGED ABOUT 26 YEARS, RABUHA MANZIL, KOCHERI, MATTANCHERRY TALUK. 2. HANEESH, AGED 31 YEARS, CC 2/96, KOCHERI, MATTANCHERRY TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.15927 of 2009 - O --------------------------------- Dated this the 11th 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 writ or order directing the Hon'ble Sub Court, Perumbavoor to allow Ext.P3 commission application filed in I.O.P.4/2009 forthwith and appoint an urgent Advocate commission to inspect and report the point mentioned in the commission application” 2. Petitioner sought for permission to institute a suit as an indigent person and his application thereof is pending as I.O.P.No.4/2009 on the file of the Sub Court, Perumbavoor. In the proposed suit, the relief sought for is a decree declaring a sale deed as null and void and not binding on the petitioner. With that application he moved two applications, one for appointment of a commission and the other for interim injunction, and those applications are adjourned from time to time without passing any orders is the grievance raised in the W.P.(C).No.15927 of 2009 - O 2 petition. It is submitted, respondents have entered appearance but are seeking time to file counter to the applications. Till date no counter is filed, and the learned Munsiff is not taking up the interlocutory applications for hearing and disposal. 3. Having regard to the nature of the grievance raised, I find notice to the respondents is not necessary and hence dispensed. Learned counsel for the petitioner submitted that he is confining the request for a speedy disposal of the application moved for appointment of a commission numbered as I.A.No.1757/2008 in his petition. I direct the learned Munsiff to hear and pass appropriate orders in the I.A. in accordance with law after hearing both sides, as expeditiously as possible, at any rate within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed as indicated above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-