IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17550 of 2009(O) ------------------------------------- AS.113/2007 of VI ADDL.DISTRICT COURT, ERNAKULAM OS.589/2000 of PRINCIPAL SUB COURT,ERNAKULAM ............................................. PETITIONER(S): --------------------- PONCY PAUL, W/O.LATE M.J.PAUL, AGED 57, MUKKADAYIL HOUSE, AZAD ROAD, KALOOR, KOCHI-17. BY ADV. SRI.K.C.CHARLES RESPONDENT(S): ------------------------ 1. THECKLA ANTONY, W/O.ANTONY, THAPPALODATH HOUSE, CHUTTUPADU KARA, EDAPPALLY SOUTH VILLAGE, EDAPPALLY P.O. 2. MR.FRANCIS, FATHER'S NAME NON KNOWN, MUKKADAYIL HOUSE, JOSE ELECTRICALS, M.G.ROAD, COCHIN-35, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.17550 of 2009 - O --------------------------------- Dated this the 24th day of June, 2009 J U D G M E N T Petitioner is the defendant in O.S.No.589/2000 on the file of the Sub Court, Ernakulam. Suit was one for injunction. Respondents are the plaintiffs in the suit. Suit was dismissed for default. Against the order dismissing the suit for default, it is stated that plaintiffs preferred an appeal as A.S.No.113/2007. Without notice to the petitioner in this petition appeal was disposed setting aside the order dismissing the suit for default. Petitioner/defendant on knowing of the judgment rendered in the appeal filed a review petition with a petition to condone delay before the District Court and it is pending consideration. Meanwhile, the suit restored and taken back on the file is in progress. Petitioner has filed this writ petition seeking directions to the District Court for expeditious disposal of his application for reviewing the judgment passed in the appeal and also the petition to condone the delay in moving such application. A further direction to the Munsiff Court to stay proceedings of the suit till his petitions before the District Court are considered and disposed on merits is also sought for. W.P.(C).No.17550 of 2009 - O 2 2. I heard the counsel for the petitioner. 3. Having re gard to the facts and circumstances presented, I find notice to the respondents is not necessary and it is dispensed with. Considering the submissions made and the facts and circumstances presented, I find a direction to the District Judge who is dealing with Ext.P2 and P3 applications, for speedy disposal of such petitions, is essential to advance the ends of justice. Learned counsel for the petitioner submits that notice has already been served on the respondents in Ext.P2 and P3 applications. If that be so, the learned District Judge shall hear and dispose of those petitions as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-