IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10531 of 2008(D) --------------------------------------- OS.351/2001 of SUB COURT, MAVELIKKARA .................... PETITIONER: ------------------- SARAMMA SAM KOSHY, PARAYIRIKKUNNATHIL, KIDANGANNOOR P.O., MEZHUVELLY MURI, KIDANGANNOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA, NOW RESIDING VILANILATHU, PANNIVIZHA, ADOOR, PATHANAMTHITTA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: ----------------------- 1. LEELAMMA THOMAS, MALAYIL KIZHAKKETHIL ANIL VILLA, KUNNAM P.O., THAZHAKKARA VILLAGE, MAVELIKKARA. 2. M.VARGHEESE, MEMANATHU KIZHAKKETHIL, ANANDAPPALLY, ADOOR, PATHANAMTHITTA. 3. ANITHA BINOY, MEMANATHU KIZHAKKETHIL, ANANDAPPALLY, ADOOR, PATHANAMTHITTA. 4. KOSHY P.JOHN, PAYNUMMOOTTIL VADAKKETHIL, KUNNAM, THAZHEKKARA VILLAGE, MAVELIKKARA. 5. EASO KURIAN, ANIL VILLA, KUNNAM P.O., THAZHEKKARA VILLAGE, MAVELIKKARA. W.P.(C) NO.10531/2008 6. SUSAMMA STEPHEN, VALUPARAMBIL, KUNNAM P.O., THAZHEKKARA VILLAGE, MAVELIKKARA. 7. SAM VARGHESE, (MANAGING DIRECTOR-CUM-MANAGER), NADAVALLIL FINANCIERS), RESIDING AT NANDAVALLIL HOUSE, KUNNAM P.O., THAZHEKKARA VILLAGE, MAVELIKKARA. BY CAVEATOR - V.JOHN MANI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 10531 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. J U D G M E N T This writ petition is preferred to direct the Subordinate Judge, Mavelikkara to defer the trial till the order in I.A.1440/07 is issued to the petitioner enabling him to challenge the same in O.S.351/01. The said application was one for setting aside the Commissioner's report. The Court has declined and the writ petitioner wants to challenge the correctness of the same. It is submitted that if in the mean time the suit is taken up for trial it will cause embarrassment to him and therefore he request the Court to issue a direction to defer the trial for a limited period so as to enable him to move the appropriate authority for redressal of his grievance against the order passed in I.A.1440/07. There appears to be some force in the said contention. Therefore I direct the Court below, namely, the Subordinate Judge, Mavelikkara to issue carbon copy/certified copy of the order in I.A.1440/07 W.P.C 10531 OF 2008 -:2:- within a period of five days from today and further direct the said Court to defer the trial of the case till 10.4.2008. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-