IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 OP(C).No. 3026 of 2011(O) ----------------------------------- OS.230/2008 of PRINCIPAL MUNSIFF COURT , KOCHI .................... PETITIONER/PLAINTIFF ---------------------------------- SEBASTIAN, S/O.EASY, AGED 40, KOLLASSERY VEETTIL, HOUSE NO.20/1476B, KONAM, PERUMBADAPPU, PALLURUTHY, KOCHI-6. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): DEFENDANTS ------------------------------------------------ 1. AUGUSTINE, S/O.MEENGU, AGED 40, MALIYAKKAL HOUSE, M.A.MATHEW ROAD, PERUMBADAPPU, PALLURUTHY, KOCHI-682006. 2. MEENGU, S/O.JOSEPH, AGED 78, MALIYAKKAL HOUSE, M.A.MATHEW ROAD, PERUMBADAPPU, PALLURUTHY, KOCHI-682006. 3. KOCHU THRESIA, D/O.MEENGU, AGED 44, MALIYAKKAL HOUSE, M.A.MATHEW ROAD, PERUMBADAPPU, PALLURUTHY, KOCHI-682006. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.3026/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT DTD. 29.3.2008 IN OS. 230/08 ON THE FILE OF THE MUNSIFF'S COURT, KOCHI. P2:- COPY OF THE WRITTEN STATEMENT DT. 13.2.2009 IN OS. 230/08 OF THE MUNSIFF'S COURT, KOCHI. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.3026 of 2011 --------------------------------------- Dated this 22nd day of September, 2011 JUDGMENT Petitioner is the plaintiff in O.S.No.32 of 2011 of the Court of learned Sub Judge, Kochi. According to the petitioner, respondent got into unauthorised occupation of the suit property on 30.09.2007. Thereon petitioner filed the suit in the Court of learned Munsiff, Kochi under Sec.6 of the Specific Relief Act (for short, "the Act”). The plaint was returned for presentation before the Court having pecuniary jurisdiction and accordingly the plaint was presented in the Court of learned Sub Judge, Kochi where the suit was numbered as O.S.No.32 of 2010. Now the case is posted to 13.01.2012. Grievance of petitioner is that since it is a suit under Sec.6 of the Act, it being of a summary nature is to be disposed of as early as possible but, the case is now posted to 13.01.2012. 2. I must also bear in mind the older cases if any required to be decided by the learned Sub Judge. Without understanding the volume of work of the Court concerned there could be no direction to dispose of the case. It is open to the petitioner to raise his grievance before the learned Sub Judge O.P(C).No.3026 of 2011 -: 2 :- and request for an early disposal of the case. If any such request is made learned Sub Judge shall consider the request in the light of the grievance of petitioner and pass appropriate orders in the matter. This original petition is closed with the above observation and direction. (THOMAS P JOSEPH, JUDGE) Sbna/-