IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29573 of 2008(U) -------------------------- CMA.19/2007 of SUB COURT,KOTTARAKKARA OS.355/2006 of MUNSIFF COURT, KOTTARAKKARA .................... PETITIONER(S): --------------- CHELLAMMA, D/O. RAHEL, MUKALVILAKUZHAKKETHIL, THRIKANNAMANGAL MURI, KOTTARAKKARA VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): --------------- 1. RAJAMMA, D/O. RAHEL MUKALVILAKUZHAKKETHIL, THRIKANNAMANGAL MURI, KOTTARAKKARA VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT 2. KESHAVAN, S/O. KUMARAN, MUKALVILAKUZHAKKETHIL, THRIKANNAMANGAL MURI, KOTTARAKKARA VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT 3. KRISHNAN, MUKALUVILAPUTHEN VEEDU, THRIKANNAMANGAL MURI, KOTTARAKKARA VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, JUDGE ------------------------------ W.P.C. NO. 29573 OF 2008 ------------------------------ DATED: 7-10-2008 JUDGMENT Petitioner who is the first plaintiff in O.S. 355 of 2006 on the file of the Munsiff's Court, Kottarakkara inter alia seeks a direction to the Sub Court, Kottarakkara to consider and dispose of Ext.P6 appeal filed as C.M.A. 19 of 2007 expeditiously. Ext.P6 appeal has been preferred against Ext. P5 order passed by the learned Munsiff in the application for temporary injunction filed by the petitioner and the 2nd plaintiff as I.A. 2833 of 2006. The suit is one for setting aside Ext.B1 sale deed dated 18-10-1988 purportedly executed by the 2nd plaintiff in favour of additional 3rd defendant Krishnan . The trial court was not inclined to accept the plaintiffs' contention that they are in possession of the plaint schedule property notwithstanding Ext.B1 sale deed in the year 1988. It is aggrieved by the W.P.(C ) 29573 of 2008 -:2:- said order that the said appeal has been filed. In the fitness things of it is only just and proper that the Sub Judge, Kottarakkara is directed to dispose of C.M.A. 19 of 2007 expeditiously. This Writ Petition is accordingly disposed of directing the Sub Court, Kottarakkara to finally hear and dispose of C.M.A. 19 of 2007 expeditiously provided the same is ripe for hearing. I am not inclined to stay the trial of the suit if the same has been listed for trial. If before the Sub Court takes up the appeal for hearing the trial of the case is taken by the Munsiff's Court, it shall be open to the petitioner to raise all contentions available to her in support of the plaint claim. In case the C.M.A is ripe for hearing, the Sub Court shall dispose of the same within two months of receipt of a copy of this judgment if the same is practicable. Dated this the 7th day of October 2008. Sd/- V. Ramkumar, Judge. ani/ W.P.(C ) 29573 of 2008 -:3:-