IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 4479 of 2009(G) OS.190/2008 OF SUB COURT, KOTTARAKKARA PETITIONER: --------------- M.A. BABU, S/O. ABRAHAM M.A, AGED 63 YEARS, BUSINESS, BUDHANIKUNNIL HOUSE, AZHOOR ROAD, VETTIPPURAM MURI, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR SRI.JOSON MANAVALAN RESPONDENT: --------------- G. PRAKASH, S/O. GOPALAKRISHNA PILLAI, AGED 36 YEARS, BUSINESS, PAVITHRAYIL HOUSE, POOVANNUMMOODU, PIRAVANTHOOR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.MANOJ RAMASWAMY SRI.T.M.JAFARKHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4479 OF 2009 G ------------------------------------------------------ Dated this the 17th February, 2009 JUDGMENT The petitioner is the plaintiff in O.S.No.190 of 2008, on the file of the Court of the Subordinate Judge, Kottarakkara. The suit was filed for specific performance of the contract for sale. The petitioner filed I.A.No.300 of 2009 for temporary injunction restraining the respondent from making any pucca construction in the plaint schedule property. The petitioner also filed I.A.No.302 of 2009 for appointment of a Commissioner. An application to advance the hearing of the suit was also filed by the petitioner as I.A.No.301 of 2009. The suit was posted to 4.3.2009. The grievance of the petitioner is that in spite of the application filed for the issue of an emergent Commission and for injunction accompanied by an application for advancing the hearing, the court below mechanically posted the applications to 4.3.2009. 2. The prayer in the Writ Petition is to issue a direction to the court below to advance the hearing of the suit and to hear all the aforesaid applications. The request is just and reasonable. 3. The court below shall advance the hearing of the case and W.P.(C) NO.4479 OF 2009 :: 2 :: consider I.A.No.300 of 2009 and I.A.No.302 of 2009 in accordance with law. It is made clear that I have not expressed any opinion on the merits of the applications. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/