IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 2597 of 2008(H) ------------------------- PETITIONER: ------------ UMMER K.K., AGED 54 YEARS, S/O. ANDRU, KALARIKANDY HOUSE, MANIKUNIVAYAL, SULTHAN BATHERY P.O., WAYNAD DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENT: ------------- P.T. JOSE, S/O. THOMAS, AGED 50 YEARS, PUTHETTU HOUSE, KOTAYAD ROAD, SULTHAN BATHERY P.O., WAYNAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 2597 OF 2008 --------------------- Dated this the 22nd day of January, 2008 JUDGMENT This writ petition is filed seeking to set aside Ext.P1 order, which stands confirmed as per Ext.P2 judgment of the Subordinate Judge, Sulthan Bathery. The plaintiff in the suit is an auction purchaser in a revenue recovery proceeding with respect to two cents of land. The revenue divisional authorities put him in possession of the property. The challenge made by the petitioner/defendant is that there is a limitation under Section 58 of the Revenue Recovery Act and therefore the respondent/plaintiff is not entitled to any relief. 2. At this stage, I do not want to go into the merits or demerits of the case and it is a larger question that has to be decided in the suit. Therefore, without expressing anything on the merits of the case, I direct the Munsiff, Sulthan Bathery to dispose of O.S. 350/04, untrammelled by the observations contained in its own order or in the order of the appellate court, as expeditiously as possible, within a time frame of two months from the date of receipt of a copy of this judgment, after hearing both sides. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps