IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17627 of 2009(O) -------------------------- AGAINST THE ORDER IN OS 1901/2007 IN OS.1888/2007 of III ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): ------------------------- N.MADUHSOODHANAN NAIR,S/O.NEELAKANDA PILLAI,AGED 53 YEARS,RESIDING AT T.C.20/7, KODUVARTHALA,KUDAPPANKUNNU.PO, THIRUVANANTHAPURAM. BY ADVS. MR.AYYAPPAN SANKAR, MR.G.SURARSHAN. RESPONDENT(S): --------------------------- PONNAMMA,D/O.LEKSHMI AMMA,AGED 91 YEARS, RESIDING AT NILANATTU MELEPUTHEN VEEDU,VENCHAVOD, SREEKARIYAM,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.17627 OF 2009 (O) ----------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: i. to issue a writ of mandamus or other appropriate writs, orders or directions for expeditious disposal of O.S.No.1888/2007 pending on the file of the III Additional Munsiff's Court, Thiruvananthapuram within such time as may be deemed sufficient by this Honourable High Court. ii. to issue a writ of mandamus or other appropriate writs, orders or directions directing the Court below to pass orders in Ext.P5 petition expeditiously and proceed with trail of the Suit without unnecessary delay. iii. to grant such other reliefs which the petitioner may seek from time to time and this Honourable High Court deems fit to be granted for the ends of justice. 2. Defendant in O.S.No.1888/2007 on the file of the III Additional Munsiff Court, Thiruvananthapuram is the WPC.17627/2009 2 petitioner. Respondent is the plaintiff. Suit is one for declaration of title, permanent prohibitory injunction and for consequential reliefs. Subject matter of the suit is five cents of property comprising in Sy.No.587/22 - 1 of Pangappara village. The grievance of the petitioner is that the case was included in the special list in March, 2009, but removed from the list as an amendment application moved by the plaintiff pending in the case had not been disposed on that date. The amendment application, a copy of which is produced as Ext.P5, it is submitted by the counsel, was heard on 8.6.2009 and posted for orders on 17.7.2009. The learned counsel for the petitioner submits that the petitioner/defendant in the suit is only interested in an expeditious disposal of the suit for which appropriate directions have to be issued by this Court. Having regard to the nature of the reliefs sought for notice to the respondents is found not necessary, and dispensed with. The learned Munsiff is directed to pass appropriate orders on Ext.P5 amendment application if that has been heard as submitted by the counsel for the petitioner, within two weeks from the date of receipt of a copy of this judgment. After WPC.17627/2009 3 passing orders on the amendment application, the suit shall be given top priority in hearing for its expeditious disposal and at any rate, the learned Munsiff shall endeavor to dispose it of within a span of four months from the date of passing of orders on Ext.P5 application, but after affording reasonable opportunity to both sides to lead evidence in support of their respective cases. In case the amendment under Ext.P5 application is allowed, and if it is so found that further time is required for disposal of the suit in view of such amendment, it is open to the Munsiff or any of the parties to the suit to seek for further extension of time stating the grounds thereof. Subject to the above observations, this writ petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp