IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 7614 of 2010(O) ------------------------------------- (AS.1/2007 OF SUB COURT,ATTINGAL, OS.NO.62/2005 OF MUNSIFF COURT,VARKALA) .................... PETITIONERS: --------------------- 1. ABDUL HAMEED LABOODA, VALIYAVILA VEEDU, NJARAYILKONAM DESOM, MADAVOOR VILLAGE. 2. STELLA, D/O LABOODA, VALIYAVILA VEEDU, NJARAYILKONAM DESOM, MADAVOOR VILLAGE. BY ADVS. MR.T.RAMPRASAD UNNI, MR. PREM NAVAZ. RESPONDENTS: ------------------------ 1. ABDUL HAMEED FASIL ISWARYA, ELAKAMAN DESOM, AYROOR VILLAGE. 2. SUBAIDA BEEVI, W/O.FASIL, ELAKAMAN DESOM, AYROOR VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 7614 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2010. JUDGMENT All that the petitioners seek in this writ petition is for a direction to the Sub Court, Attingal to take up A.S. 1 of 2007 and dispose if off as early as possible. 2. Petitioners are defendants in O.S.62 of 2005 before the Munsiff's Court, Varkala. The suit was one for prohibitory injunction. The petitioners claim that they are enjoying the property. There is a counter claim also. The suit was partly allowed. Against the judgment and decree in O.S.62 of 2005, an appeal was moved before the Sub Court, Attingal as A.S. 1 of 2007. Petitioners point out that due to the pendency of the petition, they are put to lot of inconveniences and difficulties. They therefore moved the court below for an early hearing of the appeal. That was dismissed. WPC.7614/2010. 2 3. On going through the materials made available, one fails to understand the justification for the impugned order. No reasons were given to deny an early hearing of the appeal. The court below was not at all justified in declining to grant the relief. All that the petitioners pray is that there may be a direction to dispose of the appeal forthwith. Therefore, there will be a direction to the Sub Court, Attingal to take up A.S. 1 of 2007 forthwith and dispose of the same in accordance with law within three months from the date of receipt of a copy of this judgment. P. BHAVADASAN, JUDGE sb.