IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6319 of 2008(B) ------------------------------------- PETITIONERS: --------------------- 1. MERCY, D/O.CERIYAN, AGED 57 YEARS, MANGALATHUPUTHENPARAMBIL HOUSE, ONAKKOOR KARA, ONAKKOOR VILLAGE, MUVATTUPUZHA TALUK, NOW RESIDING AT TRINITY RETIREMENT CENTER, KOLENCHERRY. 2. JEEMON, S/O.CHACKO, AGED 34 YEARS, CHETTIYATHU HOUSE, MATTAKUZHY KARA, THIRUVANIYOOR VILLAGE. BY ADV. SRI.BASIL MATHEW. RESPONDENT: ---------------------- PAUL.K.GEORGE, S/O.GEORGE, AGED 56 YEARS, KANNETHU HOUSE, PANNIKUZHY KARA, PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6319 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2008. J U D G M E N T This writ petition is preferred with a prayer to direct the Subordinate Judge, Moovattupuzha to dispose of O.S.95/07 in O.S.287/07 before mid summer vacation for the year 2008. A perusal of the writ petition would reveal that the parties want to go away from the country to U.S.A. in connection with some personal matters and therefore they may like to have an early disposal of the case. It is also submitted that mental condition of the plaintiffs is very bad and it requires adequate consideration. This Court cannot direct the Subordinate Judge to dispose of 2007 matter unless there are compelling circumstances which may have to be established by the parties before the Court below especially when there are backlog of cases and people are waiting for getting justice from the Court for large number of years. Therefore I dispose of the writ petition with W.P.C 6319 OF 2008 -:2:- permission to the writ petitioner to file an application for advancement of the case and when there are compelling circumstances the Court after hearing both sides if satisfied can dispose of the matter at the earliest if the circumstances warrant so. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-