IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 OP(C).No. 1037 of 2011(O) ------------------------- OS.122/2007 of SUB COURT, PERUMBAVOOR .................... PETITIONER: ------------------------ CLARA BUSH, AGED 55 YEARS, W/O.BUSH, D 82, JALADARSHINI, GOLDEN STREET, VADUTHALA, ERNAKULAM. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): --------------------------- 1. JOSE JOHN, S/O A.C.JOHN, MARIYALAYAM, ALUVA - 683 101. 2. JOHNOF ARC, S/O M.C.JOHN, MARTHAKANNAPPALLY PANJIKKARAN, PIPELINE, ALUVA - 683 101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- OP(C) No.1037 of 2011 ------------------------------------- Dated this the 15th day of March 2011 Judgment The short prayer made in this petition is for a direction to the Sub Court, Perumbavoor to advance the hearing of IA Nos.153, 154 and 249/11 in OS No.122/07 to a near date from 07.04.2011 and pass orders thereon in accordance with law. 2. The petitioner has instituted OS No.122/07 before the Sub Court, Paravoor. The suit is one for recovery of possession of the plaint schedule property. The plaintiff was abroad. When she came down recently , she came to know that the suit stands transferred from Paravur to Perumbavoor. The petitioner was unaware of the said transfer as she failed to receive proper communication from her counsel. Coming to know of the dismissal of the suit for default, she filed three applications, one for restoration of the suit, another for condoning the OPC 1037/11 2 delay in filing the said application and the other for appointing a commissioner. When the respondents again trespassed into her property, the petitioner filed a commission application (IA No.249/11) to report the same. Thereafter, she filed an advance petition, which was considered by the court below, but again the matter was posted to 07.04.2011. The grievance of the petitioner is that the applications filed by her for restoration and delay condonation are still pending before the court below and it is causing prejudice to her. So, she prays for a direction to consider the applications filed by her at an early date so that further injury may not be inflicted by the respondents as far as the property is concerned. 3. There is no reason as to why the court below shall not dispose of the matter as sought for by the petitioner. In the result, there will be a direction to the Sub Court, Perumbavoor to take up IA Nos.153/11, 154/11 and 249/11 and dispose of the same in accordance with law as OPC 1037/11 3 expeditiously as possible, at any rate, on or before 25.03.2011. The OP is disposed of as above. P.Bhavadasan, Judge sta OPC 1037/11 4