IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 24287 of 2008(N) ----------------------------------- AGAINST THE ORDER IN IA.2303/08.2305/08 IN OS.941/1995 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER : ---------------- K.V. SARADA, AGED 73, W/O. LATE DAVID WILSON,RESIDING AT TC 2/3240, KULANGARA LANE, PATTOM, THIRUVANANTHAPURAM-695 004. BY ADV. SRI.K.P.DANDAPANI (SR) SRI.PAUL MATHEW (PERUMPILLIL) RESPONDENT : ----------------- T.K. SATHYABABU, A.K. 14/313, ARUVEES VEEDU, AVANAVANCHERY VILLAGE, ATTINGAL, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24287 of 2008(N) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 : TRUE COPY OF THE JUDGMENT DATED 08.08.2006 IN W.P.(C) NO.35766/2005 OF THIS HONOURABLE COURT EXT.P2 : TRUE COPY OF THE ORDER DATED 24.03.2008 IN I.A.NO.6600/2007 IN O.S.NO.941/1995 OF THE FIRST ADDITIONAL SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM EXT.P3 : TRUE COPY OF THE APPLICATION, I.A.NO.2436/2008 IN O.S.NO.941/1995 FILED BY THE RESPONDENT EXT.P4 : TRUE COPY OF THE OBJECTION DATED 03.06.2008 FILED BY THE PETITIONER IN I.A.NO.2436/2008 IN O.S.NO.941/1995 EXT.P5 : TRUE COPY OF THE ORDER DATED 25.07.2008 IN I.A.NO.2436/2008 IN O.S.NO.941/1995 OF THE FIRST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM EXT.P6 : TRUE COPY OF THE JUDGMENT DATED 03.03.2005 IN W.P.(C) NO.6476/2005 OF THIS HONOURABLE COURT -TRUE COPY- P.A. TO JUDGE pac M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.24287 of 2008 ------------------------------- Dated this the 25th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to quash Ext.P5 order passed by Additional Sub Court, Thiruvananthapuram, in I.A.NO.2436 OF 2008 in O.S.No.941 of 1995, and to direct Sub Court to dispose the suit, within a shortest time. 2. Learned senior counsel appearing for the petitioner and learned counsel appearing for the respondents were heard. 3. Under Ext.P6 judgment dated, 3.3.2005, in W.P. (C) No.6476 of 2005, this Court directed Sub Court to include the suit in the special list if possible during the first week of June 2005 and dispose it within two months from that date. Ext.P5 W.P.(C) No. 24287 of 2008 2 order was passed in the application filed by the respondent to remove the suit from the special list. Learned Sub Judge allowed that application as follows:- “The suit removed from list. Petition allowed.” 4. As rightly pointed by the learned senior counsel, while passing Ext.P5 order, learned Sub Judge did not even consider Ext.P6 judgment, when under Ext.P6 judgment, this Court directed Sub Court to dispose the suit within two months from June, 2005. The suit is not yet disposed. It was included in the special list. Then an application was filed by respondent to remove the suit from the special list. In the light of Ext.P6 judgment, learned Sub Judge should not have allowed that application, and that too, without showing any reason. Ext.P5 order is therefore quashed. 5. Learned Sub Judge is directed to dispose the suit as expeditiously as possible, and at any rate, within two months from the date of receipt of a copy of this judgment. It is W.P.(C) No. 24287 of 2008 3 made clear that the application for removal of the suit stands dismissed. Sub Judge is to proceed with the trial from the next posting date onwards. If any application is filed or pending, learned Sub Judge to dispose the same, in accordance with law. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.