IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36346 of 2008(B) -------------------------- OS.1113/2008 of PRL.SUB COURT,THRISSUR .................... PETITIONER: --------------- REENA RONI, AGED 41 YEARS, W/O.LATE RONI MANI, R/AT. CHERAVALLOOR HOUSE, ERAVIMANGALAM PO., THRISSUR. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------------------ 1. SATHISH KUMAR RAJA, S/O.VADAKKENEDUM- PULLY MANAKKAL KESAVAN NAMBOOTHIRI, R/AT.50/727, KOSSERY LANE, PONNEKKARA DESOM, EDAPPILLY VILLAGE, KANAYANNUR TALUK, ERNAKULAM. 2. ROY JACOB, S/O.JACOB, KANNOTHUMPADY HOUSE, KUTTICHIRA DESOM AND VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. 3. PUSHKARAN, S/O.KANDUNNI, VATHIPARAMBIL HOUSE, VELLATTANJUR DESOM, AND VILLAGE, THRISSUR TALUK, THRISSUR. 4. JACOB MANI, S/O.MANI, CHERUVALLOOR HOUSE, ERANELLUR DESOM, NADATHARA VILLAGE, THRISSUR TALUK, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 36346 OF 2008-B ------------------------------- Dated this the 10th December, 2008. JUDGMENT This writ petition is filed by the plaintiff in O.S.1113/2007 on the file of the Sub Court, Thrissur. His grievance is that I.A.6677/2007 was filed on 31.10.2007 for an injunction restraining the respondents from alienating the properties and from committing waste and changing topography of the properties and that though the said petition was heard by the then Sub Judge no orders were passed and that despite posting of the case on 15.11.2008, 17.11.2008 and 5.12.2008 the Sub Judge has not heard arguments on the said I.A and that therefore, a direction be given to the Sub Judge, Thrissur to hear and pass orders on Ext.P5 injunction application expeditiously. 2. It is got ascertained from the Sub Judge through the Registry that the present Sub Judge took over charge only on 15.6.2008; that the suit aforesaid came before him for the first time on 17.11.2008 viz., after five months of his taking charge and that he framed issues in the suit on 17.11.2008 and posted the case to WPC 36346/2008 2 5.12.2008 for payment of balance court fee and the balance court fee was paid on that day but on both those days viz., on 17.11.2008 and 5.12.2008 there was no request made by either party to have I.A.6677/2007 heard and that the case now stands posted for pre-trial steps to 8.8.2009. He has also stated that if the parties move for hearing of the I.A it can be heard and disposed of within two days. 3. Counsel for the petitioner submits that request was made to have I.A 6677/2007 heard by the counsel appearing for the plaintiff in the court below. I disbelieve the submission so made for the reason that the submission is being so made without any basis on hear say and further, if at all the plaintiff was interested in having an order obtained on the I.A he would not have remained idle for five months from 15.6.2008, the day on which the Sub Judge took charge till 17.11.2008 when it stood posted for framing of issues. If the petitioner is desirous of having the I.A heard and disposed of he may move the court below for the purpose by filing WPC 36346/2008 3 advance petition and getting ready to argue the matter when the I.A is advanced and posted. No direction requires to be issued to the Sub Judge in view of the report received from him through the Registry. This writ petition is dismissed. K.P.BALACHANDRAN JUDGE jj