IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 22901 of 2009(O) ---------------------------------------- OS.351/2008 of MUNSIFF COURT,ATTINGAL .................... PETITIONER(S): ------------------------ PURUSHOTHAMAN, S/O.NEELAKANTAN, AGED 70 YEARS, SAI SREE, SANTHIGHIRI, THOTTAKADU, KARAVARAM VILLAGE, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. MR.SREEKANTH S.NAIR RESPONDENT(S): ------------------------- PUSHPARAJAN, S/O.NEELAKANTAN, AGED 61 YEARS, SUMANGALATHU VEEDU, THOTTAKADU, KARAVARAM VILLAGE, ATTINGAL, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.22901 of 2009 - O --------------------------------- Dated this the 25th day of August, 2009 JUDGMENT The writ petition is files seeking the following relief: “To issue a writ of mandamus or any other writ, order or direction, in the nature of mandamus, directing the learned Munsiff Court, Attingal to dispose of O.S.No.351 of 2008 pending before it expeditiously and or on a day to day basis within the stipulated time in accordance with law.” 2. Petitioner is the plaintiff in O.S.No.351 of 2008 on the file of the Munsiff Court, Attingal. Suit is one for a decree directing the respondent/defendant to surrender vacant possession of the property with arrears of rent. The respondent has filed another suit as O.S.No.205 of 2008 seeking a decree for perpetual prohibitory injunction to restrain the present petitioner/defendant to take forcible possession of the building in his occupation. The writ petition has been filed seeking issue of orders/directions to the court below for expeditious disposal of the two suits. 3. I heard the counsel for the petitioner. 4. Having regard to the submissions made and the facts and circumstances presented, I find no notice to the respondent is necessary and hence it is dispensed with. W.P.(C).No.22901 of 2009 - O 2 5. A report was called forth from the court below as to the present stage of the suit whether it is ripe for trial and if so, the time required for its disposal. The learned Munsiff has reported that in both suits, respective defendants have filed written statement and the pretrial steps are not over. 6. Having regard to the relief claimed in the respective suits and the nature of the controversy arising for adjudication, I direct the learned Munsiff to give the suits top priority in hearing and dispose them, as expeditiously as possible, after affording reasonable opportunity to both sides to lead evidence in support of their case, at any rate, before the closing of the courts for the summer vacation in 2010. Learned Munsiff shall also consider feasibility of having a joint trial of both suits so that the parties can lead evidence in common and precious time of the court can also be saved. Subject to the above direction/observation the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-