IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 OP(C).No. 3290 of 2011(O) ------------------------ IA 6959/2010 IN OS.757/2009 of SUB COURT, ERNAKULAM ................ PETITIONERS : -------------------- 1. R. PADMAKUMAR MENON, 42 YEARS, S/O. M. RAMAN, 29/16-B-1, RAMVIHAR, TOC-H SCHOOL ROAD, LANE - IV, VYTTILA, COCHIN - 682 019, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI. M. RAMAN. 2. PRIYA MENON, 37 YEARS, W/O. R. PADMAKUMAR MENON, 29/16-B-1, RAMVIHAR, TOC-H SCHOOL ROAD, LANE - IV, VYTTILA, COCHIN - 682 019, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI. M. RAMAN. BY ADVS. SRI.ASWIN GOPAKUMAR SRI.PRAVEEN.H. SRI.ANWIN GOPAKUMAR SMT.KALA G.NAMBIAR RESPONDENT(S): ------------------------- 1. SHWAS HOMES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT KANIYAMPUZHA ROAD, EROOR, ERNAKULAM - 682 306. 2. SREENI PARAMESWARAN, 34 YEARS, S/O. M.G. PARAMESWARAN NAIR, VILLA NO. 1, MYSTIC BELLS, KANIYAMPUZHA ROAD, EROOR, ERNAKULAM 682 306. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(C).No. 3290 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PLAINT DATED 5/10/2009 IN O.S. NO. 757/09. EXT.P2 : COPY OF THE APPLICATION AND AFFIDAVIT IN I.A. NO. 6959/2010 IN O.S. NO. 757/2009. EXT.P3 : COPY OF THE COUNTER AFFIDAVIT DATED 22/3/2011 FILED BY THE RESPONDENT. EXT.P4 : COPY OF IA. NO. 3605/2011 FILED BY THE PETITIONER FOR ISSUANCE OF COMMISSION FOR LOCAL INSPECTION. EXT.P5 : COPY OF I.A. NO. 5656/2011 FILED BY THE PETITIONER FOR PROSECUTING THE RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3290 of 2011 ==================================== Dated this the 13th day of October, 2011 J U D G M E N T Petitioners are the plaintiffs in O.S. No.757 of 2009 of the court of learned First Additional Sub Judge, Ernakulam. That is a suit for specific performance of an agreement for sale, prohibitory and mandatory injunction. According to the petitioners as per the agreement for sale they agreed to purchase 1493/17500 undivided shares of the respondents in a total of 1.75 acres. Later respondents resiled from the agreement. Thereon petitioners filed the suit. Petitioner filed I.A. No.6959 of 2010 to direct the respondents to produce certain documents kept in their possession. It is submitted that the said application was heard in February, 2011 and thereafter it was posted on 04.06.2011 but no order was passed on that application. It is also submitted that in the meantime petitioner filed Exts.P4 and P5, applications for appointment of Commissioner for local inspection and prosecuting the respondents (allegedly) for violating the order of injunction. Those applications are also not so far disposed of. Further argument of petitioners is that there is no posting for I.A. No.6959 of 2010 after it was heard on 04.06.2011. O.P(C) No.3290 of 2011 -: 2 :- 2. If pending applications are not already disposed of, the same shall be done as early as possible if preliminary steps are over. Since the suit is of the year 2009 learned Sub Judge may also consider whether the suit itself could be disposed of as early as possible. Resultantly, Original Petition is disposed of directing the learned First Additional Sub Judge, Ernakulam to dispose of the pending applications in O.S.No.757 of 2009 as early as possible if preliminary steps are over and there is no legal impediment in doing so. Learned Sub Judge may also consider the feasibility of the suit itself being disposed of as early as possible if steps are over. THOMAS P. JOSEPH, JUDGE. vsv