IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 OP(C).No. 2152 of 2011(O) ------------------------- AGAINST THE ORDER IN IA.2295/2009 IN OS.470/2009 of I ADDL.SUB COURT, KOZHIKODE .................... PETITIONER: ---------------------- 1. K.P.REJITH RAG, AGED 41, S/O.RAGHAVAN, GOLDEN SAND HOUSE, KUTTIKKATTOOR AMSOM AND DESOM, KOZHIKODE TALUK, PIN - 673 008. 2. SINDHU, AGED 38, W/O.K.P.REJITH RAG, AGED 41, S/O.RAGHAVAN, GOLDEN SAND HOUSE, KUTTIKKATTOOR AMSOM AND DESOM, KOZHIKODE TALUK, PIN - 673 008. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): --------------------------- SANTHOSH BABU, AGED ABOUT 48, S/O.KESAVAN, ANJALI APARTMENTS, ERANHIKKAL P.O., PUTHIYANGADI AMSOM AND DESOM OF KOZHIKODE TALUK, PIN - 673 021. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.2152/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT DTD. 10/07/09 IN O.S.NO.470/09 ON THE FILE OF THE FIRST ADDITIONAL SUB COURT, KOZHIKODE. P2: COPY OF THE WRITTEN STATEMENT DTD. 19/12/09 IN O.S.NO.470/09 ON THE FILE OF THE FIRST ADDITIONAL SUB COURT, KOZHIKODE. P3: COPY OF THE COMMISSIONER'S REPORT DTD. 02/08/10 FILED O.S.NO.470/09 ON THE FILE OF THE FIRST ADDITIONAL SUB COURT, KOZHIKODE. P4: COPY OF I.A.2295/09 IN OS.NO.470/09 ON THE FILE OF THE FIRST ADDITIONAL SUB COURT, KOZHIKODE. P5: COPY OF AFFIDAVIT IN I.A.NO.4536/10 IN O.S.NO.470/09 ON THE FILE OF THE FIRST ADDITIONAL SUB COURT, KOZHIKODE. P6: PHOTOS SHOWING THE PRESENT POSITION OF THE HOUSE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2152 of 2011 -------------------------------------- Dated this the 11th day of July, 2011. JUDGMENT Petitioners are plaintiffs in O.S.No.470 of 2009 of the court of learned First Additional Sub Judge, Kozhikode. That suit is for recovery of money said to be paid to the respondent in excess of the amount payable to him as per an agreement executed between the parties regarding construction of a residential building. It is the case of petitioners that respondent did not complete construction of the building as agreed and that he has received `13,39,224/- in excess of the amount due for the work done. Now the work remains incomplete from 2007 onwards. Petitioners are desirous of completing construction through another contractor and hence on 13.07.2009 they filed I.A.No.2295 of 2009 seeking permission of the court to complete construction of the building through another contractor. That petition remains undisposed of even now. Learned counsel submits that on account of the delay in completion of construction, cost of construction and materials has increased and that puts petitioners to much hardships and financial loss. It is also submitted by learned counsel that the Advocate Commissioner with assistance of an expert has inspected the building and filed report regarding the work already done and its cost. It is the further grievance of petitioners that though they had filed I.A.No.4816 of 2010 praying for early disposal of I.A.No.2295 of 2009, that OP(C) No.2152/2011 2 application was dismissed and the applications referred to in I.A.No.4816 of 2010 were posted for hearing on 10.12.2010. But thereafter also it is not disposed of so far. 2. Having heard learned counsel for petitioners I am inclined to think that the appropriate course is to permit petitioners, notwithstanding dismissal of I.A.No.4816 of 2010 to request learned First Additional Sub Judge for early disposal of I.A.No.2295 of 2009. However, I make it clear that I have not expressed any opinion as to in what manner that application has to be disposed of. Resultantly this Original Petition is disposed of permitting petitioners to request learned First Additional Sub Judge, Kozhikode to dispose of I.A.No.2295 of 2009 as early as possible and if any such request is made the learned First Additional Sub Judge shall consider the request notwithstanding dismissal of I.A.No.4816 of 2010 and taking into account grievance of petitioners. THOMAS P.JOSEPH, Judge. cks