IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 16969 of 2009(O) ----------------------------------- OS.764/1992 of ADDL.MUNSIFF COURT, PALAKKAD .............................................. PETITIONER: ----------------- M.A.KAMARUDHEEN, S/O.ABBAS, AGED 59, ABBAS MANZIL, MANJAKKULAM, PALAKKAD. BY ADV. SRI.TOM K.THOMAS RESPONDENT: ------------------- MOHAMMED IBRAHIM, S/O.ABDUL RAHIMAN MUSALIAR, ARAKKAL HOUSE, MANJAKKULAM, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16969/2009 (O) APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE ORDER IN IA 1694/07 IN OS 764/92 ON THE FILE OF THE ADDL. MUNSIFF COURT, PALAKKAD. EXT.P2. COPY OF THE INTERLOCUTORY APPLICATION NO. 1462/09 IN OS 764/92 ON THE FILE OF THE ADDL. MUNSIFF COURT, PALAKKAD. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` W.P.(C) No. 16969 OF 2009 O ```````````````````````````````````````````````````` Dated this the 6th day of July, 2009 J U D G M E N T Petitioner is the second defendant in OS.No.764/92 on the file of the Additional Munsiff Court, Palakkad. Suit is one for perpetual prohibitory injunction and the respondent is the additional plaintiff. The dispute involved in the suit related to a religious worship place in respect of which the plaintiff claimed absolute right and that is challenged by the defendant. The offering made by the devotees in the subject matter, pursuant to orders passed by the court, are now in deposit of the court. While the suit is still pending, plaintiff moved a cheque application for release of the amount under deposit. Ext.P2 is the copy of that application. Apprehending that the court may pass orders on Ext.P2 application, second defendant has filed this writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. Notice was served on the counsel appearing for the respondents in the court below and a memo evidencing such WPC.16969/09 : 2 : service has been filed by the petitioner. But the respondents have not entered appearance. I heard the learned counsel for the petitioner. A report was also called for from the court concerned as to whether the suit is ripe for trial and if so the time required for its disposal. From the report and also submission made by the counsel, it is seen the entire evidence had been recorded and the case was also heard by the previous presiding officer, who still continues in the same station but presiding over another court having concurrent jurisdiction, after the general transfer effected in the re-opening of the courts. In the report the Additional Munsiff, in whose court the case is now pending, has adverted to some aspects which would indicate his difficulties in disposing the case expeditiously. As I find that the officer, who had earlier heard the case, is still continuing in the station, but in a different court, it would be advantageous to the parties and also in the interest of justice the case be transferred to the court of that officer(Principal Munsiff Court, Palakkad) so that an expeditious disposal of the suit can be given effect to. OS.No.764/92 shall stand transferred to the Principal Munsiff Court, Palakkad, and the learned Munsiff WPC.16969/09 : 3 : shall dispose of the suit, after hearing the counsel on both sides as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The release of the amount requested for under Ext.P2 application shall be subject to the result of the suit. Writ petition is disposed as indicated above. Send a copy of the judgment to the Principal Munsiff and Additional Munsiff Court, Palakkad, and handover a copy of the judgment to the learned counsel for the petitioner on usual terms. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. to Judge