IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 2876 of 2010(O) ------------------------- OS.45/2007 of SUB COURT, QUILANDY .................... PETITIONER: --------------- NAMBOORIKKANDY AMMAD, S/O IMBICHIMOITHY, ARIKKULAM AMSOM, KOYILANDY TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER- VARARUKANDY MADHAVAN NAIR. BY ADV. MR. V.V.ASOKAN MS. RUKHIYABI MOHD KUNHI RESPONDENT: --------------- KOLARAKUTTIYIL BASHEER, KEEZHARIYUR AMSOM, NADUVATHUR P.O., NADUVATHUR DESOM, KOYILANDY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- W.P.(C). No. 2876 of 2010 ------------------------------------------------------------ Dated this the 4th day of February, 2010. JUDGMENT The writ petitioner is the plaintiff in O.S. No. 45 of 2007 on the file of the Sub Court, Koyilandy. The said suit is for exercising the right of preemption available to the plaintiff over the suit property and to compel the defendant to execute the conveyance in his favour and also for consequential reliefs. The petitioner is employed in Brune and he had to return in December, 2009. He, therefore, had filed I.A. No. 1422 of 2009 on 09.12.2009 requesting the court below to complete his evidence before 20.12.2009. That was at a time when the case was listed for trial in the month of January, 2010. The case was accordingly pre- poned and posted to 19.12.2009 on which day there was no sitting and the case was reposted to 21.12.2009 on which day also there was no sitting. The case was again posted to 22.12.2009. In the meanwhile, on 19.12.2009, the W.P.(C) No. 2876/2010 : 2 : petitioner filed I.A. No. 1477 of 2009 requesting to remove the case from the list and to list the same for trial in the month of March, 2010 stating that his leave had expired and he had to go back to his place of employment and he could come back to Koyilandy only in March, 2010. I.A. No. 1477 of 2009 was allowed on 22.12.2009 and the case was removed from the list for the month of December, 2009. Being an old case and as the case was included in the target fixed for the court, the suit was listed for trial in the month of February, 2010 and posted to 05.02.2010. It is at this juncture that the petitioner has approached this Court contending that the listing of the case to February would be inconvenient to him as he may not get any leave from his employment. It was due to the fact that the petitioner is employed abroad and may find it difficult to come to his native place in the month of February, 2010, that the petitioner had requested the court to list the case for trial in the month of March, 2010. When earlier on the request of W.P.(C) No. 2876/2010 : 3 : the petitioner, the case was listed in the month of December, 2009, the suit was not taken up for trial on both the dates due to the fact that there was no sitting for the court for which the petitioner cannot be blamed. Hence, if the trial could not be conducted due to reasons not attributable to the petitioner, the court below should have listed the case again for the trial in the month of March, 2010 as requested by the petitioner. This writ petition is accordingly disposed of directing the court below to list the case for trial in the month of March, 2010. Dated this the 4th day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 2876/2010 : 4 :