IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 9317 of 2009(O) --------------------------------------- O.S.NO.332/2004 OF SUB COURT, TRIVANDRUM. .......... PETITIONER(S): ------------------------- V.BALABHADRAN NAIR, UDAYAGIRI VAZHICHAL (AYODHYA), KUTTAMALA POST, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) REP. BY ITS REGIONAL MANAGER, KSFE LIMITED STATUE, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, KSFE LTD., VELLARADA BRANCH, VELLARADA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 3. THE SPECIAL DEPUTY TAHSILDAR, (RR) KSFE LTD., REGIONAL OFFICE, STATUE, THIRUVANANTHAPURAM. 4. THE DIST. COLLECTOR, THIRUVANANTHAPURAM. BY ADV. MR.M.L.SAJEEV, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.9317 of 2009 - O --------------------------------- Dated this the 15th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To issue appropriate directions to the 1st Additional Sub court, Thiruvananthapuram to dispose of Exts.P5(I.a.NO.3241/2008) and P6 (I.A.No.1521/2009 on its files as expeditiously as possible within such time tone prescribed by this Hon'ble Court. ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to proceed with the sale of property pursuant to Ext.p9 and P10, till the disposal of Exts.P5 and P6 and O.S.No.332/2004 on the files of 1st Additional Sub court, Thiruvananthapuram.” 2. The petitioner/plaintiff has instituted a suit as O.S.No.332/2004 before the Sub court, Thiruvananthapuram in which among other reliefs he sought for a settlement of accounts with the 1st defendant and till such time an injunction restraining the defendants from proceeding with revenue recovery W.P.(C).No.9317 of 2009 - O 2 proceedings against him. That suit was dismissed for default. Later, an application moved for restoration of the suit under Order IX Rule 9 CPC was also dismissed for default. To restore that application, plaintiff moved another application which is stated to be pending for consideration before the same court. Ext.P6 is the copy of that application. This writ petition has been filed for an expeditious disposal of Ext.P6 application and till then for orders to keep in abeyance the revenue recovery proceedings initiated at the instance of the 1st defendant, KSFE. 3. I heard the counsel on both sides. 4. Having regard to the submissions made and the facts and circumstances presented, I find whatever be the merits or latches, if any, on the part of the plaintiff in prosecuting a suit, an early disposal of Ext.P6 application moved by him for restoring Ext.P5 and if that is allowed, the application for restoring the suit is essential to advance the ends of justice. The learned Sub Judge is directed to dispose Ext.P6 application and if that is allowed, the application for restoring the suit as well, as early as possible, at any rate within a period of one month from the date W.P.(C).No.9317 of 2009 - O 3 of production of a copy of this judgment before that court. The interim order passed by this court to keep the revenue recovery proceedings in abeyance shall continue to be in force for a period of six weeks from the date of this order. In case the learned sub Judge finds that sufficient cause has been made out to restore the suit to file, then, necessary steps should be taken for expeditious disposal of the suit also, having regard to the fact that revenue recovery proceedings initiated by the 1st defendant is likely to be stalled in view of the litigation continuing in the court at the instance of the plaintiff who is stated to be a defaulter of public revenue. Parties are directed to appear before the court below on 29.6.2009. The writ petition is disposed of as above. Communicate a copy of the judgment forthwith to the court concerned. Hand over a copy of the order to all those concerned on usual terms. S.S.SATHEESACHANDRAN, JUDGE. bkn/-