IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 OP(C).No. 208 of 2010(O) ------------------------ IA NO.4113/2010 IN OS.49/2009 of II ADDL.SUB COURT,THIRUVANANTHAPURAM .................... PETITIONER ------------------------------ KOSHY JOSEPH, AGED 68 YEARS, S/O.W.J.KOSHY, REISIDING VATTASSERIL VEEDU, PADIKKATTU MURI,AKKUKLAM ROAD, ULLOOR MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM -695011 BY ADV. SRI.R.S.KALKURA SRI.HARISH GOPINATH RESPONDENT(S): --------------- 1. VIMALA KUMARI AMMA, D/O.MADHAVI AMMA RESIDING AT KODIYOTTU VEEDU, SREEKARYAM, THIRUVANANTHAPURAM - 695017 2. SAJU,S/O.VIMALA KUMARI, REISIDING AT KODIYOTTU VEEDU, SREEKARYAM, THIRUVANANTHAPURAM - 695017 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.208 of 2010 -------------------------------------- Dated this the 6th day of October, 2010. JUDGMENT Plaintiff in O.S.No.49 of 2009 of the court of learned Additional Sub Judge-II, Thiruvananthapuram is the petitioner, aggrieved by refusal to advance hearing of the suit. Petitioner filed the suit for specific performance of an agreement for sale dated 16.09.2006 allegedly executed by respondents/defendants and in the alternative, for refund of advance money with interest and damages. Respondents filed written statement contending that breach was on the part of petitioner. Case now stands posted on 14.12.2010 for framing issues. Petitioner is aged about 68 years and according to him, has urgency for an early disposal of the suit. He filed application (I.A.No.4113 of 2010) to advance hearing of the case. That application was dismissed by the learned Sub Judge stating that no sufficient ground for advancing the hearing is made out. Learned counsel states that now the case is posted on 14.12.2010 for framing issues. 2. It is seen from the averments in the petition that respondents have filed written statement on 23.05.2009. If that be so for completion of pre-trial steps, I am persuaded to think, that much time was required as the case is posted on 14.12.2010. But the fact that urgency for disposal of other cases OP (C) No.208/2010 2 pending in the court concerned and the priority to be given to old cases cannot be forgotten. Therefore I do not find fault in the order of learned Sub Judge. But I make it clear that it will be open to the petitioner to file appropriate application stating reasons to advance hearing of the case so that atleast the pre-trial steps can be completed without much delay. If there are other sufficient grounds which enable petitioner to have an early disposal of the suit it is open to the petitioner to make a request to the learned Sub Judge stating those grounds. Original Petition is closed with the above observation. THOMAS P.JOSEPH, Judge. cks