IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5554 of 2008(J) -------------------------------- (AGAINST THE ORDER IN OS 830/95 OF MUNSIFF'S COURT-III ERNAKULAM.) PETITIONERS: ---------------- 1. K.A.ABDUL JABBAR AGED 62 YEARS, S/O. MUHAMMED KATTUSMERY HOUSE, THRIKKANARVATTOM DESOM ERNAKULAM VILLAGE. 2. LAILA BEEVI, AGED 57 YEARS W/O. ABDUL JABBAR DO..DO... 3. K.A.BUHARI, AGED 42 YEARS S/O.ABDUL JABBAR DO..DO... 4. K.A.SHAJAHAN, AGED 39 YEARS S/O.ABDUL JABBAR DO..DO... BY ADV. SRI.C.KHALID RESPONDENTS: ----------------- 1. SAMSON THOMAS,AGED 41 YEARS S/O.THOMAS, PALATHURUTHIL HOUSE ELOOR VILLAGE, PARAVUR TALUK. 2. K.S.SHAMALA, AGE NOT KNOWN W/O.SETHU, EDAKKATHEVALATH VEEDU ELOOR KIZHAKKEMURI, ELOOR VILLAGE. 3. T.I.CONSTRUCITON COMPANY PVT.LTD ELOOR REPRESENTED BY THE MANAGING PARTNER RAJU MALAYIL. AGED 56 YEARS,S/O.GEORGE, MALAYIL HOUSE RESIDING AT S.R.M.ROAD. 4. JAYADEVAN, AGED 40 YEARS S/O. VELAYUDHAN PILLAI, EDAKKATHALETH HOUSE ELOOR EAST KARA, ELOOR VILLAGE. 5. T.M.HAFSA SHAMSUDHEEN, AGED 66 YEARS D/O.MOIDU, JASMINE BUNGLOW, SIVARAMA MENON ROAD KOCHI. 6. ABDUL RAHEEM, AGED 76B YEARS S/O. MOHAMMED KUNHU, CHARTERED ACCOUNTANT, ALLICHERRY WARD, ALAPPUZHA. 7. P.K.AYISAKUTTY, AGED 64 YEARS W/O. R.P. MUHAMMED KUTTY PANIKKAYELIL, KOTTILINGAL MANNARKKADU VILLAGE, MANNARKKADU TALUK. 8. RAJU MALAYIL, AGED 56 YEARS S/O. GEORGE, MALAYIL HOUSE S.R.M. ROAD KOCHI. 9. R.DILEEP, AGED 50 YEARS S/O. RAMAN MENON, PUTHENVEETTIL, MANIKKAMANGALAM VILLAGE, ALUVA. 10. SAJAN, AGED 40 YEARS S/O. GEORGE, MALAYIL HOUSE ELOOR SOUTH. 11. SOBHA, AGED 47 YEARS D/O. SEVI, SATHI HOUSE, VADAKKODUKARA. 12. ASWATHY ESTATE PROPERTIES REPRESENTED BY MANAGING PARTNER P.K.NAAYANAN NAIR, AGE NOT KNOWN,S/O.NARAYANA KURUPPU, DOOR NO.40/XL/1924,POWER HOUSE ROAD ERNAKULAM. 13. ABDUL HAKKIM, AGED 40 YEARS S/O.KOCHUNNI, KOLLAMPARAMBIL HOUSE ELOOR THEKKUMBHAKAM VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5554 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of February, 2008. J U D G M E N T This writ petition is preferred with a prayer to remove the suit O.S.830/95 and connected matters from the present list. The contention of the learned counsel for the writ petitioners is that the case was formerly dealt with by Mr.Aravindaksha Menon and subsequently on his death it was looked after by his office and when the case was attempted to be taken up for trial they relinquished vakalath and therefore the case has been entrusted with a new firm. It is submitted that there are complicated issues to be studied and presented before Court and no breathing time is available for preparation of the case. It is true that all these matters are very old cases which require priority disposal but when the grievance is genuine that the new lawyer requires some time for preparation of the case it may not be correct to rush through which will result in injustice. Therefore I W.P.C 5554 OF 2008 -:2:- direct the learned Munsiff to remove the case from the list posted for 16.2.2008 and post it in the 3rd week of March, 2008, preferably fixing a date in consultation with the lawyers appearing for both sides. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-