IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 11659 of 2009(O) -------------------------- OS.323/2007 of MUNSIFF'S COURT, PATHANAMTHITTA .................... PETITIONER(S): ------------------------ SR.LUDHIYA, AGED 41 YEARS, D/O.LATE YOHANNAN, GETHASAMANE PRARTHANALAYAM, KUMBAZHA NORTH, MYLAPRA PO, PATHANAMTHITTA. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): ----------------------------- 1. FR.T.A.JOHN,S/O. ABRAHAM, CHRISTIAN PRIEST, STHUTHIKATTU HOUSE, KUMBAZHA MURI, MYLAPRA VILLAGE. 2. GEORGE THOMAS, S/O.GEORGE, RETIRED TEACHER, THEEKURINJIYIL HOUSE, KUMBAZHA MURI,PATHANAMTHITTA VILLAGE. 3. LEELAMMA THOMAS W/O.GEORGE THOMAS,THEEKURINJIYIL HOUSE, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE. 4. MANOJ THOMAS,S/O.GEORGE THOMAS, THEEKURINJIYIL HOUSE,KUMBAZHA MURI, PATHANAMTHITTA VILLAGE. 5. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. THE DISTRICT COLLECTOR , PATHANAMTHITTA. 7. THE SECRETARY, PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA R2,R3, R4 BY ADVS.MR.G.UNNIKRISHNAN, MR.K.SANEESH KUMAR. R5 & R6 BY GOVERNMENT PLEADER R7 BY ADV.MR.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.11659 OF 2009 -------------------------- Dated this the 27th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the Munsiff Court, Pathanamthitta to dispose of O.S 323 of 2007 as expeditiously as possible within a time limit to be fixed by this Hon'ble Court. ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the Munsiff Court, Pathanamthitta to consider and pass orders on Ext.P4 -I.A 1851 of 2008 in O.S No.323 of 2007 within a time limit to be fixed by this Hon'ble Court. W.P.(C).No.11659 OF 2009 Page numbers iii) Issue such other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. At the time of hearing, the learned counsel for the petitioner submitted that the court below has allowed impleadment of the petitioner as an additional defendant in the suit. So much so, petitioner seeks only for an issue of a direction / order to the court below for an expeditious disposal of the suit. The learned counsel appearing for the respondents 2, to 4 / plaintiffs in the suit seek for reasonable opportunity to substantiate the suit claim for a decree of injunction. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the learned Munsiff to dispose the suit expeditiously after providing reasonable W.P.(C).No.11659 OF 2009 Page numbers opportunity to both sides to lead evidence in their respective case. Subject to the above observation, writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv