IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 6674 of 2009(O) ------------------------- AS.126/2004 of SUB COURT,NEYYATTINKARA OS.758/2001 of I ADDL.M.C.,NEYYATTINKARA (IA.948,949 & 950/09) .................... PETITIONER: -------------- JOHN VICTOR, S/O.YOHANNAN, NOW RESIDING AT OMAN (MUSCAT), AL SEE, S.O.F., CODE 121, POST BOX NO.295, REPRESENTED BY HIS WIFE SREEKALA, POWER OF ATTTORNEY HOLDER,D/O.SUSEELA,AGED 32 YEAR RESIDING AT ANCHU VILASOM,KAVALLOOR,KUTTIYANIKKADU DESOM,KEEZHAROOR VILLAGE, NEYYATTINKARA,TVM. DIST. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: ----------------- 1. BAHULEYAN NAIR,S/O.PARAMESWARAN PILLAI, VADAKKEKKARA PUTHEN VEEDU, KORALA PASUVANNARA DESOM, KEEZHZAROOR VILLAGE, THIRUVANANTHAPURAM DIST. 2. NEELAKANTAN THANKAPPAN, S.T.NIVAS, KIZHAKKEEKARA, MARUTHAMCODE, KEEZHAROOR DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. SARASWATHY, D/O.APPIYAMMA, KAVALLOOR, KIZHAKKUMARA ROADARIKATHU PUTHEN VEEDU,KEEZHAROOR DESOM, THIRUVANANTHAPURAM DISTRICT. 4. THANKAMMA, W/O.KUTTAN, KAVALLOOR, KIZHAKKEKKARA PUTHEN VEEDU, KEEZHAROOR DESOM, THIRUVANANTHAPURAM DISTRICT. 5. SETHU, W/O.VIJAYAN, KAVALLOOR, KIZHAKKEKKARA PUTHEN VEEDU, KEEZHAROOR DESOM, THIRUVANANTHAPURAM DISTRICT. WPC : 6674/09 6. KUNJUKRISHNA PANICKER VIJAYAN, KAVALLOOR KIZHAKKEKKARA ROADARIKATHU PUTHEN VEEDU, KEEZHAROOR DESOM,THIRUVANANTHAPURAM DISTRICT. 7. SOMAN, S/O.NALLATHAMPI, N.S.BHAVAN, PAZHINIJIPARAYIL COLONY, KEEZHAROOR DESOM, THIRUVANANTHAPURAM DISTRICT. 8. SREEKANTAN, S/O.KRISHNAPILLAI, VADAKKEKKARA PUTHEN VEEDU, EDUPPARAKONAM, KEEZHAROOR DESOM, THIRUVANANTHAPURAM DISTRICT. 9. JANAKI AMMA, D/O.KUNJI PILLAI, PARAMBUTHALA VEEDU, ALATHOOR, MARAYAMUTTOM DESOM, PERUMKADAVILA PAKUTHY,THIRUVANANTHAPURAM DISTRICT. 10. JANI AMMA RADHA, PARAMBUTHALA VEEDU, ALATHOOR, MARAYAMUTTOM DESOM,PERUMKADAVILA PAKUTHY THIRUVANANTHAPURAM DISTRICT. 11. SADASIVAN, S/O.MADHAVAN NAIR, LEKSHMIVILASOM BUNGLOW,PARASUVANNARA DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 12. VASUDEVAN NAIR RAJESH, VADAKKETHUVILA DESOM, PARASUVANNARA DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT., 13. GOVINDA PILLAI MADHAVAN NAIR, MADHAVA VILASOM BUNGLOW, CHEMBIYARKKOTU, PARASUVANNARA DESOM, THIRUVANANTHAPURAM DISTRICT. 14. GOVINDA PILLAI BHASKARAN NAIR, MADHAVA VILASOM BUNGLOW, CHEMBIYARKKOTU, PARASUVANNARA DESOM, THIRUVANANTHAPURAM DISTRICT. 15. SUKUMARAN, S/O.KUNJUKRISHNA PANICKER, NEAR AYAYIL TEMPLE, AYAYIL DESOM, PERUMKADAVILA VILLAGE, THIRUVANANTHAPURAM DIST. 16. PREETHA KUMARI, D/O.SETHU, KAVALLOOR KIZHAKKEKARA VEEDU, KUTTIYANIKADU DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DIST. 17. PRAMEELA KUMARI, D/O.SETHU,KAVALLOOR KIZHAKKEKARA VEEDU, KUTTIYANIKADU DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DIST. 18. PRATHEESH KUMAR, S/O.VIJAYAN,KAVALLOOR KIZHAKKEKARA VEEDU, KUTTIYANIKADU DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DIST. WPC : 6674/09 19. SANTHINI, D/O.KRISHNAN KUTTY, KAVALLOOR KIZHAKKEKARA VEEDU, KUTTIYANIKADU DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DIST. 20. JUSTUS, KUNDAYATHUKONATHU VEEDU, KUTTIYANIKADU DESOM, THIRUVANANTHAPURAM DISTRICT. 21. VASANTHA, WIDOW OF LATE KRISHNAN KUTTY, SANTHI BHAVAN, KAVALLOOR, KIZHAKKEKKARA, KUTTIYANIKKADU DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 22. SHAJI, S/O.LATE KRISHNAN KUTTY, SANTHI BHAVAN, KAVALLOOR KIZHAKKEKKARA, KUTTIYANIKKADU DESOM, KEEZHAROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 6674 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2009 JUDGMENT The reliefs prayed for in the writ petition are the following: “i) direct the 1st Additional Munsiff's Court, Neyyattikara to dispose of Exhibits P1 to P3 petitions as expeditiously as possible within a time limit to be stipulated by this Hon'ble Court; ii) direct the Subordinate Judge's Court, Neyyattinkara to defer the hearing and disposal of AS No.126/2004 on its files till the final disposal of Exhibits P1 to P3 petitions or till such time as this Hon'ble Court may stipulate;” 2. OS No. 758/01 was filed by the first respondent for declaration of title, redemption of mortgage and recovery of possession. It is stated that the suit was decreed on 07.04 04. Assignor of the petitioner was defendant No.14 in the suit. He was set ex-parte. It is stated that he did not file any written statement. Petitioner is the assignee from the 14th defendant, during the pendency of the suit. The petitioner filed IA No.948/09 for setting aside the ex-parte decree. He also filed an application to condone the delay in filing the application (IA No.948/09) under Order IX Rule WPC No. 6674 OF 2009 -:2:- 13, as IA No. 949/09. Since the petitioner was not a party to the proceeding, he also filed IA No.950/09 to implead him as additional defendant in the suit. These three applications are pending before the trial court. 3. At the same time, challenging the judgment and decree of the trial court, some of the defendants have filed AS No. 126/04. That appeal is also pending. 4. The prayer of the petitioner is to defer the hearing of AS No. 126/04. That prayer cannot be entertained. At the same time, it is necessary that the application filed by him to set aside the ex-parte decree and connected applications are disposed of. To that extent the relief prayed for in the writ petition can be granted. There are 22 respondents in the writ petition. If notice is ordered in the writ petition, service would not be completed in the near future. In the manner in which I propose to dispose of the writ petition, I do not think it is necessary to issue notice to the respondents in the writ petition. 5. In the facts and circumstance of the case, the writ petition is disposed of as follows: WPC No. 6674 OF 2009 -:3:- The first Additional Munsiff Court, Neyyattinkara shall make every endeavour to dispose of IA Nos.948/09, 949/09 and 950/09 expeditiously, after completing the procedural formalities. The prayer for stay of AS No.126/04 on the file of the Sub Court, Neyyattinkara is hereby rejected. The writ petition is disposed of as above. (K.T.SANKARAN) JUDGE ttb