IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28978 of 2009(O) -------------------------- AS.30/2008 of PRINCIPAL SUB COURT,KOCHI .................... PETITIONER(S): --------------- T.P.SUBHASHINI,AGED 61 YEARS, W/O..P.K.RAVINDRAN,THUNDIPARAMBIL HOUSE, MALSYAPURI.PO,VATHURUTHY,KOCHI-29. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- T.P.PREMSAGAR,AGED 32 YEARS, S/O.T.K.PADMANABHAN,THUNDIPARAMBIL HOUSE, MALSYAPURI.P.O,VATHURUTHY,KOCHI-29. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.28978 OF 2009 (O) ----------------------------------- Dated this the 14th day of October, 2009 J U D G M E N T Petitioner is the plaintiff in O.S.No.494 of 1997 on the file of the Additional Munsiff Court, Kochi. That suit, after joint trial with two other suits, had been disposed of by a common judgment. Against the decision of the trial court, appeals preferred are now pending before the Sub Court, Kochi. In the appeal, A.S.No.30 of 2008, preferred against the dismissal of his suit, the petitioner has filed an application before the appellate court seeking return of a document produced before the trial court, a purchase certificate, exhibited in evidence as Ext.A1 in the suit. Ext.P2 is the copy of that application. The writ petition has been filed seeking issue of order/direction to the appellate court to consider and dispose of Ext.P2 application expeditiously. WPC.28978/09 2 2. I heard the counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary, and hence, it is dispensed with. Petitioner, it is seen, has filed Ext.P2 application only on 19.9.2009 before the appellate court. Petitioner could have invited the attention of the appellate court to Ext.P2 application for passing of appropriate orders. Whatever that be, I direct the court below to consider Ext.P2 application with notice to the respondent and pass appropriate orders on that application as expeditiously as possible, if service is completed. I make it clear that I am not expressing any opinion on the merit of Ext.P2 application, but, only giving a direction for its consideration and disposal on an early date, subject to hearing of all interested parties. Writ petition is disposed with the above direction. S.S.SATHEESACHANDRAN JUDGE prp WPC.28978/09 3