IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 37773 of 2008(V) -------------------------- OS.701/1995 of PRL.SUB COURT, KOZHIKODE .................... PETITIONERS: --------------- V.P. VENUGOPALAN, S/O. V.P. APPUKUTTY, PORASSERY HOUSE, P.O. CHELANNUR, CHELANNUR VILLAGE, KOZHIKODE TALUK AND DISTRICT. BY ADV. MR.PHILIP ANTONY CHACKO MR.P.M.SEBASTIAN RESPONDENTS: --------------- 1. MOHANA VARMA, S/O.A.K.KERALA VARMA, LATHA NIVAS, THIRUVANNUR.P.O, KOZHIKODE TALUK. 2. E.K. SYAMALA, D/O. KOZHUVIL RAMAN, E.K. PALACE, PURAMERI.P.O, VATAKARA, KOZHIKODE DT. 3. BRAHMAGIRI, 'B' ESTATE, PARTNERSHIP FIRM, REP. BY ITS PARTNER BOTHA VAN INGEN (DIED), S/O. ENGINE MELVIAL VAN INGEN THE LAND, MYSORE, KARNATAKA. (R3 IS DELETED AS PER ORDER DT. 14.1.2009 IN I.A.432/2009) 4. MICHAEL VAN INGEN, S/O. LATE BOTH VAN INGEN, THE LAND, MYSORE, KARNATAKA. (...2/-) WP(C).37773/08 (2) 5. ROBERT VAN INGEN, S/O. LATE BOTH VAN INGEN, 17294 SHAWS CRK ROAD, BELFONTAIN, ONT, LON IBO, CANADA. 6. BARBARA LEE VAN INGEN, W/O. LATE BOTH VAN INGEN, 70 WESTERN AVE, BRATTLE BORO, V.T 05301, USA. 7. JOCELYIN WILD, D/O. LATE BOTH VAN INGEN, LYESFRAM, BARRINGTON, ILIMINISTER, SEMERSET, TAI, 90JD, UK. (R5 TO 7 ARE DELETED AS PER ORDER DT.19.12.08 IN I.A. 16370/08) ADV. MR.SRINATH GIRISH FOR R3 & 4 MR. E.NARAYANAN FOR R3 & 4 MR. P.V.KUNHIKRISHNAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).37773/2008 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE PLAINT IN THE SUIT O.S.NO.15/1995 FILED BY THE PETITIONER BEFORE SUB COURT, SULTHAN BATHERY. EXT.P2:- TRUE COPY OF THE JUDGMENT DATED 22.8.1995 IN CMA. NO. 250/1995 BY THIS HON'BLE COURT. EXT.P3:- TRUE COPY OF THE AFFIDAVIT DATED 22.3.1996 FILED ALONG WITH THE PETITION FOR APPOINTING THE RECEIVER TO THE PLAINT SCHEDULE PROPERTY EXT.P4:- TRUE COPY OF THE ORDER DATED14.5.1996 IN CRP. NO.910/1996 BY THIS HON'BLE COURT. EXT.P5:- TRUE COPY OF THE AFFIDAVIT ALONG WITH THE PETITION DATED2.11.2006 AS I.A. NO.5495/2006 IN O.S. 701/1995 FILED BY THE PRL. SUB COURT, KOZHIKODE BY THE PETITIONER. EXT.P6:- TRUE COPY OF THE AFFIDAVIT DATED 22.10.2008 FILED ALONG WITH THE APPLICATION I.A. NO.4056/2008 IN I.A. NO.5495/2006 IN O.S. NO.701/1995 FILED BY THE PETITIONER. EXT.P7:- TRUE COPY OF THE AFFIDAVIT DATED 22.10.2008 FILED ALONG WITH I.A.NO.4055/2008 IN I.A. NO.5495/2006 IN O.S. NO.701/1995. EXT.P8:- TRUE COPY OF THE A-DIARY EXTRACT ON 28.11.2008 NOTED BY THE CLERK OF THE PETITIONER'S COUNSEL REGARDING I.A.NO.5495/2006 IN O.S.NO.701/1995. RESPONDENTS' EXHIBITS:- NIL Okb - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- W.P.(C).No. 37773 OF 2008 -------------------------------------------------- Dated this the 19th day of February, 2009 J U D G M E N T Petitioner is the plaintiff in O.S. 701 of 1995 on the file of Sub Court, Kozhikode. That suit was dismissed for default on 4.10.2006. Ext.P5, an application under Rule 9 of Order IX of Code of Civil Procedure to restore the suit, was filed on or after 2.11.2006. This petition is filed under Article 227 of Constitution of India for a direction to the Sub Judge to dispose the application at the earliest after setting aside Ext.P8 order passed on 28.11.2008 adjourning the application to 30.1.2009. 2. Learned counsel appearing for petitioner and respondents were heard. 3. As the application filed under Rule 9 of Order IX of Code of Civil Procedure in 2006 is still pending before the Sub Court, learned Sub Judge is directed to dispose the application as expeditiously as possible and at any rate within three weeks from the date of receipt of this order. Though learned counsel appearing for petitioner sought an order against respondent WP(C) 37773/08 2 from alienating the properties by filing I.A.984 of 2009, I find no reason to grant the said relief at this stage, when the suit stands dismissed and is yet to be restored. Writ petition is disposed of accordingly. M. SASIDHARAN NAMBIAR, JUDGE okb