IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 8551 of 2009(O) ------------------------- O.S.130/2002 & O.S.445/2004 of SUBORDINATE JUDGES COURT, KOZHIKODE- II A .................... PETITIONER(S): PLAINTIFFS ------------------------- 1. M/S. BABY MEMORIAL HOSPITAL, INDIRA GANDHI ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER, DR. K.G.ALEXANDER. 2. DR. K.G.ALEXANDER S/O. GEEVARGHESE, KALLUVILA, KOTTOOLI, KOZHIKODE. BY ADV. P.T.MOHAN KUMAR SRI.A.RANJITH NARAYANAN RESPONDENT(S): DEFENDANTS ------------------------- 1. MR. T.P.NANDAKUMAR, PRINTER, PUBLISHER, OWNER AND CHIEF EDITOR, "CRIME STORY EVENING DAILY", RED STAR OFFSET PRINTERS, KASABA AMSOM & DESOM, KOZHIKODE. 2. MR. T.P.VIJAYA BHASKAR, MANAGING EDITOR, "CRIME STORY EVENING DAILY", RED STAR OFFSET PRINTERS, KASABA AMSOM & DESOM, KOZHIKODE. 3. MR. TITUS K.VILAYIL, EDITOR, "CRIME STORY EVENING DAILY", RED STAR OFFSET PRINTERS, KASABA AMSOM & DESOM, KOZHIKODE. 4. MR. SUNIL K.CHANDRAN, REPORTER, "CRIME STORY EVENING DAILY", RED STAR OFFSET PRINTERS, KASABA AMSOM & DESOM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- W.P.(C).No.8551 of 2009 ----------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The petitioners are the plaintiffs in O.S.Nos.130 of 2002 and 445 of 2004, on the file of the court of the Subordinate Judge, Kozhikode – IIA. The prayer in this Writ Petition is to issue a direction to the court below to dispose of the suits expeditiously. 2. Though notice was served on the respondents, there is no appearance. It is stated in the Writ Petition that the evidence on the side of the plaintiff was over by 18.8.2006. DW1 was examined on 29.8.2006. It is stated that several witnesses were examined on the side of the defendants. The allegation made in the Writ Petition is that the defendants are trying to protract the matter by not producing the witnesses before the Commissioner appointed for examination of witnesses. The first suit was filed in 2002 and O.S.No.445 of 2004 was filed in 2004. It is only appropriate that the suits are disposed of expeditiously. In the facts and circumstances of the case, there will be a direction to the court of the Subordinate Judge of Kozhikode- IIA to dispose of O.S.No.130 of 2002 and 445 of 2004, as expeditiously as possible. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE csl