IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 8581 of 2010(O) OS.573/2008 OF PRINCIPAL SUB COURT, KOTTAYAM PETITIONERS: --------------- 1. ALEX PHILIP, S/O. V.A.PHILIP, KAVUMBHAGAM HOUSE, PAMPADI POST, KOTTAYAM. 2. BINDU ALEX, W/O. ALEX PHILIP DO-DO- BY ADV. SRI.MATHEW JOHN (K) RESPONDENT: --------------- THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, PAMPADY BRANCH, REPRESENTED THROUGH ITS BRANCH HEAD AND CHIEF MANAGER. BY ADV. SRI.K.S.DILIP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT. EXT.P2 TRUE COPY OF LETTER DATED 26.4.2008 BY THE RESPONDENT. EXT.P3 TRUE COPY OF THE LETTER DATED 12.5.2009. EXT.P4 TRUE COPY OF THE PETITION AND THE AFFIDAVIT FILED BY THE RESPONDENT DATED 9.12.2009. EXT.P5 TRUE COPY OF THE AFFIDAVIT AND THE OBJECTION PETITION BY THE PETITIONERS DATED 16.1.2010. EXT.P6 TRUE COPY OF THE ORDER DATED 6.2.2010 IN I.A.NO.4235 OF 2009 IN O.S.NO.573 OF 2008, PRINCIPAL SUB COURT, KOTTAYAM. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 8581 OF 2010 O ------------------------------------------------------ Dated this the 29th day of June, 2011 JUDGMENT The plaintiffs in O.S.No.573 of 2008, Sub Court, Kottayam, challenge the order dated 6.2.2010 in I.A.No.4235 of 2009. The suit was filed for eviction of the respondent from the plaint schedule premises. I.A.No.4235 of 2009 was filed by the defendant for issuing a direction to the plaintiffs to make necessary arrangements for regularizing the connected load of the electric connection in the plaint schedule building within a reasonable time or in the alternative to give a direction to the Kerala State Electricity Board for regularizing the connected load. The court below passed Ext.P6 order dated 6.2.2010 allowing the application. The plaintiffs were directed to arrange for regularizing the connected load of electricity to the plaint schedule premises. 2. At the time of admission of the Writ Petition, interim stay was granted for a short period. The interim stay was extended from time to time and it is in force. W.P.(C) NO.8581 OF 2010 :: 2 :: 3. The learned counsel for the petitioners submitted that the suit is ripe for trial and disposal of the suit at the earliest is required in the facts and circumstances of the case. Learned counsel appearing for the respondent/defendant has no objection for an early disposal of the suit. Then the question arises whether the interim stay granted should continue till the disposal of the suit. In the peculiar facts and circumstances of the case, I am of the view that it would be just and proper to keep in abeyance the order passed by the court below till the disposal of the suit and to continue the interim stay passed in the Writ Petition. Accordingly, the Writ Petition is disposed of as follows: a) The Sub Court, Kottayam shall dispose of O.S.No.573 of 2008 as expeditiously as possible. b) Till the disposal of the suit, operation of the order dated 6.2.2010 in I.A.No.4235 of 2009 shall be kept in abeyance. (K.T.SANKARAN) Judge ahz/