IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 18898 of 2008(Y) ----------------------------------------- (O.S.NO.570/04 OF THE SUB COURT, THRISSUR) PETITIONERS: --------------------- 1. I .S CHAKRAPANI, AGED 72 YEARS, S/O.LATE ITHIKKATTU SANKURU, ITHIKKATTU HOUSE, VADANAPPILLY AMSOM DESOM, THRISSUR DISTRICT. 2. I S SREEDHARAN, S/O.LATE ITHIKKATTU SANKURU, ITHIKKATTU HOUSE, VADANAPPILLY AMSOM DESOM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: ------------------------ I S BALAN, S/O.LATE ITHIKKATU SANKURU, ITHIKKATTU HOUSE, VADANAPPILLY AMSOM DESOM, THRISSUR DISTRICT, PIN:680 619. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.18898 OF 2008 =========================== Dated this the 3rd day of July, 2008 JUDGMENT Petitioners are defendants and respondent the plaintiff in O.S.570/2004 on the file of Sub Court, Thrissur. This petition is filed under Article 227 of the Constitution of India for a direction to Sub Judge to dispose of Ext.P2 application within a time frame. Ext.P2 is an application filed under Rule 2A of Order XXXIX of Code of Civil Procedure contending that respondent violated the order of injunction passed by the court on 28.6.2004. In view of the contention that the trial court is not disposing the application, a report was called for from the trial court. The report of the learned Sub Judge is to the effect that there was no representation to take up the matter earlier and application for appointment of Commission was made in support of the claim in I.A.2727/2004 and Commissioner submitted the report and thereafter it W.P.(C)18898/2008 2 was posted for objection to 25.6.2008 and neither the suit is ripe for trial and could be included in the special list. Learned Sub Judge also reported that the suit as well as the petition could be disposed immediately. In such circumstance, the Writ Petition is disposed directing Sub Court,Thrissur to dispose the suit and Ext.P2 application as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006