IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 28623 of 2009(O) -------------------------- AGAINST THE ORDER IN IA.7454/09,7872/09 IN OS.3222/2007 of I ADDL.M.C.,THRISSUR .................... PETITIONER: --------------- PRAKASAN, S/O. SREEDHARAN, VAMBULLIKUNNAN HOUSE,KURICHIKKARA, PONGANAMKADU, THRISSUR REP. BY POWER OF ATTORNEY HOLDER SREEDHARAN. BY ADV. MR.K.A.SREEJITH RESPONDENTS: --------------- 1. NARAYANAN, S/O. KOCHUNNI, MANDOLIPARAMBIL HOUSE, VILLADAM, THRISSUR. 2. NALINI, W/O. NARAYANAN, MANDOLIPARAMBIL, HOUSE,VILLADAM, THRISSUR. 3. RAMACHANDRAN, S/O. NARAYANAN, MANDOLIPARAMBIL HOUSE,VILLADAM, THRISSUR. 4. RAKHI, D/O. NARAYANAN, MANDOLIPARAMBIL HOUSE,VILLADAM, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.28623 of 2009 - O --------------------------------- Dated this the 12th day of October, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To direct the 1st Additional Munsiff Court, Thrissur to consider and dispose Exhibits P3 and P4 petitions at the earliest.” 2. Petitioner is the plaintiff in O.S.No.3222 of 2007 on the file of the Principal Munsiff Court, Thrissur. Suit was one for perpetual prohibitory injunction and it was dismissed for default. An application moved by the petitioner for restoring the suit awaits consideration by the court below. The grievance of the petitioner is that subsequent to the dismissal of the suit the defendant trespassed upon the building and reduced it into their possession. Along with the application for restoration petitioner has moved an application for appointment of advocate commissioner to determine certain points necessary for a proper and fair adjudication of the disputes involved in the proceedings. In the writ petition petitioner seeks for a writ/order directing the court below to consider his restoration application and also the W.P.(C).No.28623 of 2009 - O 2 commission application, expeditiously. Petitioner could have approached the court below and invited its attention for an early disposal of the petitions canvassing and highlighting the emergency involved for redressal of his grievance. Whatever that be, if any such request is made by way of an application before the court below for consideration of the restoration application and also the commission application expeditiously, the court below shall give serious consideration to that application and dispose it on its merits. Subject to the above direction, writ petition is disposed of. Hand over a copy of the judgment to the counsel for the petitioner and send a copy to the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-