IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11032 of 2008(L) -------------------------- OS.590/2007 of ADDL.SUB COURT,KOLLAM .................... PETITIONER: --------------------- K.RADHAKRISHNAN, SASTHA VIHAR, KOLLASSERI, SAGARA NAGAR-41, PUTHALAZHAMCHERI, KOLLAM. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ------------------------- 1. KUTTAPPAN VIDHYADHARAN, VINOD BHAVAN, VATTAKATTU VADAKKATHIL, KUTCHERI MURI, EDAKULANGARA P.O., KARUNAGAPPALLY. 2. RADHA, W/O.VIDHYADHARAN, DO. DO. 3. VINOD, S/O.VIDHYADHARAN, DO. DO. 4. R.SHEELA, D/O.VIDHYADHARAN, PRASAD BHAVAN, PADANAYARKULANGARA VADAKKU, KARUNAGAPPALLY P.O. 5. R.SHEEJA, D/O.VIDHYADHARAN, PHAMBUKALA KIZHAKKATHIL, VENGARA MURI, KARUNAGAPPALLY. 6. R.DEEPA, W/O.VINOD, VINOD BHAVAN, VATTAKATTU VADAKKATHIL, KUTCHERI MURI, THODIYOOR P.O., KARUNAGAPPALLY. 7. THE ADDITIONAL SUB REGISTRAR, KARUNAGAPPALLY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 11032 OF 2008 --------------------- Dated this the 4th day of April, 2008 JUDGMENT This writ petition is filed with a prayer to quash Ext.P5, to direct the Additional Subordinate Judge, Kollam, to advance the hearing of Ext.P4 petition and to grant an order of injunction. 2. Ext.P5 is an order in IA 1269/08 in OS 590/07. It is an application for advancing the hearing date of Ext.P3 petition. The facts would reveal that the suit was filed for specific performance of contract. The defendants remained ex parte. The suit was posted for ex parte evidence. Since it was not tendered, it was dismissed for default. Thereafter the petitioner has moved an application for restoration of the suit and has also filed Ext.P4 application for an injunction. The apprehension of the petitioner is that if the property is transferred, it may result in prejudice and hardship to him. 3. There is some force in the said contention. Therefore, I direct the Additional Subordinate Judge, Kollam, to dispose of the application for restoration of the suit as well as the injunction application, as expeditiously as possible, at any rate, if possible before the court closes for summer holidays on 11.4.08. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 11032/08 2 WPC NO 11032/08 3 WPC NO 11032/08 4