IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 8747 of 2009(O) OS.307/2008 of III ADDL.SUB COURT, KOZHIKODE PETITIONER: --------------- A.SATHYAPALAN, AGED 52 YEARS, S/O. CHOYI, KIZHAKKEKULAMBRATH, PUTHIYANGADI AMSOM, EDAKKAD DESOM, KOZHIKODE TALUK. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB RESPONDENT: --------------- M.V.VIJAYALAKSHMI, AGED 49 YEARS, D/O. KADUNGON, OVUNGARA PARAMBA, PUTHIYANGADI AMSOM, EDAKKAD DESOM, KOZHIKODE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 8747 OF 2009 O ------------------------------------------------------ Dated this the 2nd April, 2009 JUDGMENT Though notice was served, the respondent has not entered appearance. 2. The petitioner is the plaintiff in O.S.No.307 of 2008, on the file of the Court of the III Additional Subordinate Judge, Kozhikode. The suit was filed for specific performance of an agreement to sell. I.A.No.1977 of 2008 was filed by the plaintiff for temporary injunction restraining the respondent/defendant from alienating the plaint schedule property to third parties and from committing any acts against the user of the residential house by the plaintiff. It is stated that an interim order was granted by the court below for a short period and that it is being extended from time to time. The suit is pending. 3. The prayer made by the petitioner in the Writ Petition is to expedite the trial of the suit and to pass final orders in I.A.No.1977 of 2008 and thus avoid periodical extension of the interim order. 4. In the facts and circumstances of the case, I am of the view that W.P.(C) NO.8747 OF 2009 :: 2 :: the court below can be directed to pass final orders in I.A.No.1977 of 2008 so that it is not necessary, at every point of time, to file application for extension of the interim order. I do so. In so far as the prayer for disposal of the suit is concerned, the suit being of the year 2008, the court below shall consider the pendency position and take appropriate steps to see whether the disposal of the suit can be expedited. I am not issuing any specific direction to dispose of the suit within a particular time as the pendency position in that court is not presently available before me. At the same time, both the parties would be entitled to pray before the court below to include the suit in the special list at the earliest and the court below shall consider the same and pass appropriate orders. The Writ Petition is disposed of with the above observations. (K.T.SANKARAN) Judge ahz/