IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 2026 of 2008(N) ------------------------- OS.278/2005 of MUN-MAGI COURT, SASTHAMCOTTA .................... PETITIONER: ------------ HANEEFA, AGED 58, S/O. MUHAMMED KUNJU RESIDING AT KUNNEL KIZHAKKATHIL, K.S.PURAM.P.O., NEELAKULAM, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ------------- 1. VIJAYAN PILLAI, S/O. SREEDHARAN KURUP, AGED 46 YEARS, RESIDING AT KUNNILAZHIKATHU VEEDU, PADINJATTAMURI, SOORANADU NORTH VILLAGE. 2. THE TAHSILDAR, KUNNATHOOR TALUK, TALUK OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- WP(C) No. 2026 of 2008 --------------------------------- Dated, this the 16th day of January, 2008 J U D G M E N T This writ petition is filed seeking for a direction to dispose of O.S.278/05, pending before the Munsiff Magistrate Court, Sasthamcotta within a time frame. There appears to be serious dispute between the parties regarding the survey. The matter is of the year 2005. Therefore, I direct the petitioner herein to file an application before the court below with a request to take the case out of turn for trial, and I further direct the court below to consider the request sympathetically and, unless really there are other warranting circumstances, which do not permit the court to take up the matter, the court shall try to have an expeditious disposal of the case. Needless to say non-fixation of time by this court shall not be taken as a ground for unnecessary protractors. This writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) jg