IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 OP(C).NO. 2931 OF 2011(O) ---------------------------------------- OS.56/2009 OF MUNSIFF COURT, THIRUVALLA PETITIONER: ------------------- RAMACHANDRAN PILLAI, AGED 74 YEARS MATHUKODIKALAYA MULAVANA VEETTIL, AZHIYIDATHUCHIRA MURI, KAVUMBHAGAM VILLAGE, THIRUVALLA TALUK,REP.BY HIS POWER OF ATTORNEY HOLDER,HARIKUMAR V.I.MALAVIKA (H)T.C.NO/27/1863, KRISHIMANGALAM WARD, THIRUVANTHAPURAM. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): -------------------------- 1. SUVARANAKUMARI,AGED 70 YEARS, D/O.CHINNAMMA,MATHUKODIKALAYA MULAVANA VEETTIL, AZHIYIDATHUCHIRA MURI, KAVUMBHAGAM VILLAGE, THIRUVALLA TALK-686519 2. GEETHA PURUSHOTHAMAN PILLAI, AGED 42 YRS D/O.SUVARANAKUMARI,MATHUKODIKALAYA MULAVANA VEETIL AZHIYIDATHUCHIRA MURI, KAVUMBHAGAM VILLAGE, THIRUVALLA TALK-686519 3. UTHAMAN, S/O.KARUNAKARAN PILLAI, MATHUKODIKALAYA MULAVANA VEETIL AZHIYIDATHUCHIRA MURI, KAVUMBHAGAM VILLAGE, THIRUVALLA TALK-686519 4. SATHEESH, AGED 39 YEARS, S/O.SUVARANAKUMARI, MATHUKODIKALAYA MULAVANA VEETTIL AZHIYIDATHUCHIRA MURI, KAVUMBHAGAM VILLAGE, THIRUVALLA TALK-686519 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2931 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO.56 OF 2009 DATED 2.2.2009 BEFORE THE MUNSIFF'S COURT, THIRUVALLA. EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.56 OF 2009 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 17.9.2009. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2931 of 2011 ==================================== Dated this the 05th day of September, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.56 of 2009 of the court of learned Munsiff, Thiruvalla. He has sued for declaration, eviction and partition of the suit property. It is stated that petitioner aged about 72 years is staying in Kanpur, in Uttar Pradesh, wants to settle down in his native place and in the circumstances the suit is to be disposed of as early as possible. Learned counsel for petitioner submits that learned Munsiff is on leave, charge is given to learned Judicial First Class Magistrate and that only when there is a direction from this Court learned Magistrate is taking up civil cases for trial. 2. Since the Munsiff is on leave I do not think it proper to direct the learned Judicial First Class Magistrate who is otherwise concerned with the work in his court and dispose the suit. But it is open to the petitioner to request learned Munsiff after he assumes charge of his court for early disposal of the suit. It is also open to the petitioner to request the learned Magistrate to dispose of the suit if it is convenient for him to do so. With the above observation this Original Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv