IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 5585 of 2009(O) ------------------------- OS.436/2003 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): --------------- B.LALITHA BAI, W/O.LATE NAGENDRAN NAIR, TC 28/1613, RAVATHI, SREEKANTESWARAM, THIRUVANANTHAPURAM BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- ADARSH.D., S/O.DIVAKARAN PILLAI, T.C. 41/249(5), MANACAUD, THIRUVANANTHAPURAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.5585 of 2009 --------------------------------------------- Dated this the 27th day of February, 2009 JUDGMENT The Writ Petition is filed for a direction to the Principal Sub Court, Thiruvananthapuram to dispose of Ext.P6 and thereafter dispose of Ext.P5 on merits at the earliest. 2. The petitioner is the first defendant in O.S.No.436 of 2003. The suit was decreed ex-parte. The petitioner filed Ext.P5 application (I.A.No.1906/03) under Order IX Rule 13 of the Code of Civil Procedure. That application was dismissed for default. The petitioner filed Ext.P6 application (I.A.No.4008/08 in I.A.No.1906/08) to restore I.A.No.1906/08. It is stated that Ext.P6 application is not disposed of by the learned Subordinate Judge and at the same time, execution proceedings are being proceeded with. The Registry was directed to get necessary information from the Sub Court. The information gathered over telephone shows that I.A.No.4008/08 stands posted for return of notice to 13.3.2009. In these circumstances, I do not think that the reliefs WPC No.5585/2009 2 prayed for in the Writ Petition are maintainable. The petitioner may move the Sub Court for expeditious disposal of I.A.No.4008/08 after service of notice. The Writ Petition is accordingly dismissed. K.T.SANKARAN, JUDGE csl