IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 31995 of 2009(O) -------------------------- OS.771/2008 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER: --------------- VIJAYAN, S/O.PAPPU, KUREETHARA KIZHAKKATHIL, MUZHANGODI MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. MR. K.SIJU MR.PRATHEESH.P RESPONDENTS: --------------- 1. SHAMILA, W/O.SALIM, SANKRAMATHU KIZHAKKATHIL, PULIYOOR VANCHI THEKKU, THODIYOOR VILLAGE, (FROM KALEEKKAL KIZHAKKATHIL, KALLELIBHAGAM MURI, KALLELIBHAGAM VILLAGE), KARUNAGAPPALLY TALUK. 2. SALIM, SANKRAMATHU KIZHAKKATHIL, PULIYOOR VANCHI THEKKU, THODIYOOR VILLAGE, (FROM KALEEKKAL KIZHAKKATHIL, KALLELIBHAGAM MURI, KALLELIBHAGAM VILLAGE), KARUNAGAPPALLY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.31995 of 2009 - O --------------------------------- Dated this the 25th day of November, 2009 J U D G M E N T Petitioner is the plaintiff in O.S.No.771 of 2008 on the file of the Sub Court, Kollam. Suit is one for specific performance and for injunction, and the respondents are the defendants. The only relief canvassed in the writ petition is for issue of a writ/direction/order to the court below for its expeditious disposal after trial. A report from the learned Sub Judge was called for. It is reported that pretrial steps have not been completed and on such completion the suit can be disposed of without delay. Learned counsel for the petitioner submits that pursuant to the report being called for by this Court, posting of the case was advanced and the defendants had already filed written statement. It is submitted issues have been also cast in the suit on the basis of the pleadings of the parties. 2. Taking note of the submissions made and the facts and circumstances presented in the case, I find no notice need be issued to the respondents for disposal of this writ petition and hence it is dispensed with. W.P.(C).No.31995 of 2009 - O 2 3. Since the suit is one for specific performance of an agreement of sale and injunction that too only of restraining the defendants from alienating the property to others, I find that it can be given some priority for an early disposal. The learned Sub Judge is directed to give the suit top priority and make every endeavour to dispose it expeditiously, but, after providing reasonable opportunity to both sides to lead evidence in support of their respective case. I direct the learned Sub Judge to dispose the suit within six months from the completion of the pretrial steps. Writ petition disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-