IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9174 of 2008(P) ------------------------- OS.235/2006 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: ------------ P.R.PETER, S/O. RAPHAEL, AGED 50, PANDARAPARAMBIL HOUSE, MULAVUKAD, MULAVUKAD P.O., ERNAKULAM. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENT: ------------- K.S.SUHARA, AGED ABOUT 48, VALIYAVEETTIL, CHERUPARAMBATH ROAD, KADAVANTHRA, COCHIN-29. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. N. Krishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9174 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 JUDGMENT This writ petition is filed for a direction to the Sub Court, Ernakulam to dispose of I.A. No.1642/2008 in O.S. No.235/206 within the prescribed time. 2. Heard the learned counsel for the petitioner. 3. It is his contention that an application for issuance of a commission was filed as I.A. No.4660/2006 in the suit, which has been dismissed for default on 8-1-2008. He has moved an application I.A. No.1642/2008 for restoration of I.A. No.4660/2006 and the same is pending. The court below has now posted the suit on 22-5-2008 for adducing evidence. It is submitted that unless order is passed in the application for restoration, it is not possible to fix the boundaries. 4. Considering the facts and circumstances of the case, I direct the court below to consider and dispose of I.A. No.1642/2008 before the court closes for summer vacation. It is made clear that if the order is passed WPC 9174/08 -2- against the petitioner, he shall be given breathing time and thereafter suit shall be included in the list during the last week of June, 2008. The writ petition is disposed of, accordingly. M.N.Krishnan, Judge. mn.