IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 OP(C).No. 796 of 2010(O) ------------------------ OS.1142/2009 of II ADDL.MUNSIFF COURT, ERNAKULAM .................... PETITIONER ------------------------------ PAVURETH TRUST, P.O.BOX NO.1076, THIRUVANANTHAPURAM, REPRESENTED BY THE POWER OF ATTORNEY HOLDER OF THE SOLE TRUSTEE MR.PUNNOOSE JOHN, S/O.K.P.JOHN, AGED 34 YEARS, NO.16 A, SHANTHI NAGAR ANNEX, RAJAGIRI.P.O., SOUTH KALAMASSERY, ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- A.SEETHARAMAN, S/O.ANNAMALAI REDDIAR, RAM NIVAS, K.K.PADMANABHAN ROAD, AYYAPPANKAVU, ERNAKULAM, 682018. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.796 of 2010 -------------------------------------- Dated this the 22nd day of November, 2010. JUDGMENT Plaintiff in O.S.No.1142 of 2009 of the court of learned Additional Munsiff, Ernakulam is the petitioner before me seeking a direction to the learned Munsiff for early disposal of the suit. Petitioner sued respondent for a decree for mandatory injunction to direct respondent to vacate the building in the suit property alleging that transaction between petitioner and respondent is a licence arrangement which has already expired. Respondent claimed that he is a building tenant entitled to the protection of Act 2 of 1965. Leaned counsel submitted that the case is now posted for framing issues on 08.12.2010. Learned counsel states that the main issue in the suit is whether transaction between the parties is a licence or lease as contended by them. According to the learned counsel, huge amount is due to the petitioner by way of licence fee and since the dispute regarding 'lease or licence' is pending consideration of learned Munsiff petitioner is not able to file a suit for recovery of the amount and thus petitioner is put to huge loss and damages on account of pendency of the suit. Learned counsel for petitioner made a fervent plea to give direction to the learned Munsiff for early disposal of the suit. 2. It is seen that the suit is of the year 2009. Request for early disposal is being made in the year 2010. Without being aware of volume of work of the court below and priority for disposal of older cases I do not consider it OP(C) No.796/2010 2 proper to issue any such direction. But, petitioner is permitted to make such a request before the learned Munsiff and if any such request is made, learned Munsiff may consider it and pass appropriate orders in that regard having regard to all relevant facts and circumstances. Petition is closed with the above observation. THOMAS P.JOSEPH, Judge. cks