IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3029 of 2009(I) ------------------------------------------ CMA.7/2008 of SUB COURT, CHERTHALA .................... PETITIONER: SATHEESH, AGED 35 YEARS, S/O.GOPALAKRISHNA PILLAI, KALAPANA, THEKKUM MURI, CHERTHALA SOUTH VILLAGE, CHERTHALA. BY ADV. SRI.B.PRAMOD SRI.GEORGE MATHEWS RESPONDENTS: 1. PUTHUVARANADU DEVASWOM PRIVATE TRUST REP. BY ITS PRESIDENT, RAMAN KARUNAKARAN KAMBAKKARAN, MOHANALAYAM, AROOR MURI, AROOR VILLAGE, CHERTHALA. 2. RAJENDRAN KAMBAKKARAN, AMBALAMADATHIL , AROOR MURI, AROOR VILLAGE, CHERTHALA. 3. BHUVANCHANDRAN, S/O.PRABHAKARAN KAMBAKKARAN, KANDATHIPARAMBIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. 4. MADUSOODANAN, S/O.PARAMESWARAN PARVATHY NILAYAM AROOR MURI, AROOR VILLAGE, CHERTHALA. 5. DEVANAND, S/O.RAJENDRAN, KAMBAKKARAN, AMBALAMADATHIL AROOR MURI, AROOR VILLAGE, CHERTHALA. 6. MADANAGOPAN, S/O.PARAMESWARAN, PARVATHY NILAYAM AROOR MURI, AROOR VILLAGE, CHERTHALA. 7. RAJEEVAN, S/O.PRABHAKARA KAMBAKKARAN, KANDATHILPARAMBIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. 8. SREEKUMAR, S/O.PRABHAKARAN KAMBAKKARAN, KANDATHILPARAMBIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. 9. SREEJITH, S/O.PRABHAKARAN KAMBAKKARAN, KANDATHILPARAMBIL, AROOR MURI AROOR VILLAGE, CHERTHALA. 10. SYAMPRASAD, S/O.PARAMESWARAN KAMABAKKARAN, PARVATHY NILAYAM AROOR MURI, AROOR VILLAGE, CHERTHALA. 11. BINURAJ, S/O.RAJENDRAN KAMBAKKARAN, AMBALAMADATHIL, AROOR MURI, AROOR VILLAGE, CHERTHALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.3029 of 2009 I -------------------------- JUDGMENT This writ petition is filed by the plaintiff in O.S.No.1109/02 on the file of the Munsiff's Court, Cherthala for a direction being given to the learned Sub Judge, Cherthala to dispose of C.M.A. No.7/08 pending before his Court. It is submitted that service in the C.M. Appeal is already over and despite applications filed by the petitioner to advance the case and to have the appeal heard, the court below has not disposed of the C.M. Appeal filed as early as on 21.5.2008. 2. What is under challenge in the C.M. Appeal is the order dated 28.2.2008 passed by the court below on I.A.No.3463/07 dismissing the application for appointment of Receiver. It is submitted that the petitioner moved Exhibit P2 advance petition on 6.8.2008 and that was dismissed on 7.8.2008 vide Exhibit P3 order; that thereafter the petitioner filed Exhibit P4 advance petition on 17.10.2008, on WPC 3029/09 2 which, no order has been passed by the first appellate court and that the petitioner is desirous of getting the C.M. Appeal disposed of at the earliest. 3. It appears that petitioner is keen to have the matter heard at an early date. But, all the same, I see no meaning in the petitioner accusing the court below, as despite dismissal of Exhibit P2 advance petition on 7.8.2008 under Exhibit P3 order, for 2½ months, the petitioner did not raise a little finger and he filed application again as Exhibit P4 only on 17.10.2008. Counsel submits that there were ever so many postings of the C.M. Appeal after 17.10.2008, but that, no orders are passed on Exhibit P4 and the C.M. Appeal is not heard. If so, I can only accuse the Lawyer, who was representing the case in the court below. If at all the counsel was pressing for a hearing of the matter on all posting dates, the court below would not have adjourned the case in such a fashion, as submitted. WPC 3029/09 3 Petitioner may instruct his counsel to get ready and be present on all posting dates of the case and press for hearing of the C.M. Appeal. If that is done, I am sure, the Sub Judge will certainly take up the C.M. Appeal for hearing giving priority. However, I direct the Sub Judge to dispose of the C.M.Appeal as expeditiously as possible. Petitioner is directed to produce a copy of this judgment in the court below forthwith, with notice to the counsel for the respondents as this writ petition is being disposed of without notice to them, so as to enable the Sub Judge to abide by the directions given above. This writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 3rd February, 2009 (K.P.Balachandran, Judge) tkv