IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 OP(C).No. 593 of 2010(O) ------------------------ AGAINST THE ORDER DATED 28/10/2010 IN IA.7412/2010 IN OS.547/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: -------------------- V.R.CHANDRASEKHARAN ELAYIDOM, AGED 60 YEARS, S/O.LATE J.R. RAMA PANICKER, PANASERIL HOUSE, ASAMANNOOR P.O., CHERUKUNNAM, PERUMBAVOOR REPRESENTED BY POWER OF ATTORNEY HOLDER RAKESH CHANDRAN, AGED 27 YEARS, S/O.V.R.CHANDRASEKHARAN ELAYIDOM, RESIDING AT-DO-. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: --------------- 1. V.K.GOPINATHAN ELAYIDOM, AGED 62 YEARS, S/O.RAMA PANICKER, VALAVAKKATTU, SMITHA BHAVAN, THENGODU P.O., KOCHI-682030. 2. V.R.JALAJAMANI KUNJAMMA, AGED 51 YEARS, D/O.RAMA PANICKER, PRAVI SADAN, PERANDOOR ROAD, EDAPALLY P.O.-682024. 3. V.R.RAMANI KUNJAMMA, AGED 47 YEARS, D/O.RAMA PANICKER, RAMANEEYEM, THIRUMARADI P.O., KOOTHATTUKULAM-686662. 4. V.R.LALITHAMANI KUNJAMMA, AGED 43 YEARS, D/O.RAMA PANICKER, ATHIPILLIL HOUSE, KUTHUKUZHI P.O., KOTHAMANGALAM-686691. 5. PUSHPAKUMARI KUNJAMMA, AGED 41 YEARS, D/O.RAMA PANICKER, VALAVAKKATTU HOUSE, PUTHIYA ROAD, VADACODE-682021. 6. SASIDHARAN ELAYIDOM, AGED 54 YEARS, D/O.RAMA PANICKER, VALAVAKKATTU HOUSE, THENGODU P.O., KOCHI-682030. 7. SOORYAKUTTAN ELAYIDOM, AGED 56 YEARS, S/O.RAMAN PANICKER, MANOJ VIHAR, HMT COLONY P.O., PERINGAZHA KARA-683104. 8. MURALEEDHARAN ELAYIDOM, AGED 56 YEARS, S/O.RAMAN PANICKER, MANOJ VIHAR, HMT COLONY P.O., PERINGAZHA KARA-683104. 9. MOHANAN ELAYIDOM, AGED 49 YEARS, S/O.RAMA PANICKER, VALAVAKKATTU HOUSE, THENGODU P.O., KOCHI-682030. 10. SUDHAKARAN ELAYIDOM, AGED 45 YEARS, S/O.RAMA PANICKER, VALAVAKKATU HOUSE, THENGODU P.O., KOCHI-682030. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.593 of 2010 --------------------------------------- Dated this 08th day of November, 2010 JUDGMENT In view of the order I propose to pass notice to respondents is dispensed with. 2. Petitioner is defendant No.1 in O.S.No.547 of 2007 of the court of learned Principal Sub Judge, Ernakulam. He is represented in this proceeding by his power of attorney since he is abroad. Grievance of petitioner is that the case is posted for trial in the list on 10-11-2010 rejecting prayer of petitioner to post the case for trial after two months since petitioner is abroad, is coming to his native place only by the end of November 2010 on getting superannuation and could take part in the proceeding only thereafter. Learned counsel states that petitioner has to collect documentary evidence from various cases and since counsel appearing for petitioner in the present case has no engagement for petitioner in those cases, he has to engage a counsel after coming to his native place which takes time. Learned counsel states that if the trial of the case proceeds on 10-11-2010 petitioner will not be able to effectively take part in the proceedings and there will be negation of his right for a fair trial. O.P(C).No.593 of 2010 : 2 : 3. Since petitioner is now in abroad and is coming to his native place only by the end of November 2010 he will not be able to take part in the proceedings if the case is tried on 10-11-2010. He may require some time to collect documentary evidence. In the circumstances I direct learned Principal Sub Judge to post the case for trial in the list after the first week of January 2011. This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-