IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14308 of 2009(O) -------------------------- AGAINST THE ORDER DATED 26/11/2008 IN IA. 1722 /2008 IN OS.325/2007 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: --------------- CHERIYAN VYDYAN, KANNUVELIL PUTHEN VEEDU, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: --------------- 1. KOSHY VYDYAN, MANAGER, ST. GEORGE UMBRELLA MART, ALAPPUZHA, FROM KANNUVELIL PUTHEN VEEDU, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM. 2. DISTRICT COLLECTOR, KOLLAM. 3. RE-SURVEY SUPERINTENDENT, KOLLAM. 4. RE-SURVEY SUPERINTENDENT, KARUNAGAPPALY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14308 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 1st June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: 1. Call for the records leading Exhibit P4 and quash the same by a writ of certiorari or any other appropriate writ, order or direction. 2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Munsiff's Court, Karunagappally to include Exhibit P1 suit O.S.No.325/07 in the special list forthwith. 3. Issue an interim direction directing the Munsiff's Court, Karunagappally to include Exhibit P1 suit O.S.325/07 in the special list forthwith. Petitioner is the plaintiff in O.S.No.325/07 pending on the file of the Munsiff's Court, Karunagappally. Suit was one for fixation of boundaries and for correction/rectification in a partition deed. Petitioner moved an application before the learned Munsiff seeking an early trial of the suit submitting that he intends to visit the United State of America where his children are staying. Application for early hearing was dismissed by the learned Munsiff vide Ext.P4 order. Questioning the correctness of that order as improper and illegal, the W.P.C.No.14308/09 - 2 - petitioner has filed this Writ Petition invoking the supervisory jurisdiction of this court under Article 227 of the Constitution. 2. Notice by special messenger was ordered to the respondents. Though notice is served, respondents have not entered appearance. 3. I heard the learned counsel for the petitioner. Having regard to the facts involved and the submissions made, I find no impropriety can be attributed in passing Ext.P4 order as there is every reason to hold that because of the pendency of old suits, it may not be possible for the court to take up for trial a suit filed in the year 2007. However, having regard to the cause shown by the petitioner that he desires to leave the country to spend a few days with children in the United States of America, I find, if an application is moved for his examination at an early date, the learned Munsiff shall consider that application sympathetically and pass appropriate orders for recording his evidence, if necessary, by appointing a commission. The trial of the suit need be proceeded in accordance with the time schedule fixed by the court. Subject to the above direction, the Writ Petition is disposed. Handover copy of the judgment today itself. srd S.S. SATHEESACHANDRAN, JUDGE W.P.C.No.14308/09 - 3 -