IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 28864 of 2008(J) --------------------------------------- OS.NO.178/2006 OF MUNSIFF MAGISTRATE'S COURT, SASTHAMCOTTA. .................... PETITIONER: ------------------- THANKAMMA AMMA, KUNNATHAYYATHU VEEDU, PANAMPETTIMURIYIL, SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE. RESPONDENTS: ----------------------- 1. SUBHADRAMMA PILLAI, KUNNATHAYYATHU VEEDU, PANAMPETTIMURIYIL, SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM. 2. LEELAMMA PILLAI, OF DO. DO. 3. ARUNKUMAR OF DO. DO. 4. SARASWATHY AMMA, OF DO. DO. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. ----------------------------------------- W.P.(C) NO.28864 OF 2008(J) -------------------------------------------- Dated this the 23rd day of October, 2008 J U D G M E N T Heard learned counsel for the petitioner. 2. Petitioner and others filed O.S.No.178/2006 in the Court of learned Munsiff-Magistrate, Sasthamcotta for fixation of boundary. Respondents 1 to 3 are contesting that suit. Grievance of the petitioner is that though petitioner had filed I.A.No.900/2008 for appointment of Commissioner with Surveyor for obtaining report and plan, that application was posted on 15- 12-2008. Petitioner prays for early disposal of that application. 3. Learned Munsiff-Magistrate has reported that since the suit is posted on 15-12-2008 for raising issues and there was no request to advance hearing of I.A.No.900/2008, that application was posted on 15-12-2008. Learned Munsiff- Magistrate has also referred to the work arrangement in that court and has reported that being a Munsiff-Magistrate's court, W.P.(C) No.28864/2008 - 2 - civil cases are taken up only on two days in a week. Learned Munsiff Magistrate has also reported that on information being called for from this court, the suit was advanced to 07-10-2008. 4. Learned counsel for the petitioner stated that he has been informed that the suit is now posted on 10-11-2008. He now prays for a direction for early disposal of the application. 5. Considering the report of learned Munsiff Magistrate regarding pendency of work and the limited number of days available for civil work, I do not consider it necessary or proper to issue any direction regarding early disposal of the application. It is open to the petitioner to request the learned Munsiff- Magistrate for early disposal of the application. With the above observation, this writ petition is dismissed. THOMAS P. JOSEPH, JUDGE skr