IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 10196 of 2010(O) --------------------------------------- (OS.NO.352/2001 OF SUB COURT, MAVELIKKARA) .................... PETITIONER: ------------------- GEE VARGHEESE, S/O. DANIEL, RESIDING AT PUTHENVEETTIL PADEETTATHIL, KALIMAKKAL, KOMALLUR.P.O., MAVELIKARA, ALAPPUZHA DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY SHALI VARGHEESE RESIDING AT KOICKAL HOUSE, KANNAMANGALAM SOUTH, CHETTIKULANGARA VILLAGE, MAVELIKKARA. BY ADVS. MR.R.RAJASEKHARAN PILLAI, MR.R.SREEDHARAN NAIR, SMT.SABINA JAYAN. RESPONDENT: ---------------------- V.R.JOY, S/O. RAPPAI, RESIDING AT VALIYAVEETTIL HOUSE, MOUNT ZION ROAD, CHERACHI.P.O OLLUR, THRISSUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 10196 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2010. JUDGMENT In this writ petition filed under Section 227 of the Constitution of India, the limited prayer is for a direction to the Sub Court, Mavelikkara to consider I.A. Nos.1571, 1572 and 1574 of 2009 pending before the said court as expeditiously as possible. 2. Petitioner is the defendant in O.S. 352 of 2001 pending before the Sub Court, Mavelikkara. The suit was one for money. Copy of the plaint is produced as Ext.P2. It is stated that along with the suit there was a petition for attachment and that petition is produced as Ext.P3. The attachment was effected and still continues. The respondent moved a petition before the Magistrate court, Kunnamkulam and there the petitioner was declared as an absconder. It is claimed that the petitioner was unaware of the decree in O.S. 352 of 2001, which was decreed ex parte on 30.11.2002. WPC.10196/2010. 2 Thereafter the petitioner filed three petitions as I.A. Nos.1571, 1572 and 1574 of 2009, for lifting the attachment, for setting aside the ex parte order and to condone the delay in filing the petition to set aside the ex parte order. The complaint of the petitioner is that these petitions are kept pending and he is put to irreparable injury and harm. Therefore it is prayed that there may be a direction to dispose of the petitions at the earliest. 3. In the nature of the order that is proposed to be passed, it is not necessary to issue notice to the respondent. 4. Petitioner says that the petitions are lying there for nearly an year and there is no reason why the petitions should not be disposed of. On going through the petitions, it is seen that the petitions were filed long ago and its pendency causes injury and harm to the petitioner. The prayer made is just and reasonable. Therefore there will be a direction to Sub court, Mavelikkara to take up I.A. Nos.1571, 1572 and 1574 of 2009 as early as possible and dispose it of at the earliest, at WPC.10196/2010. 3 any rate before the commencement of summer vacation. Registry shall send a copy of this judgment to Sub Court, Mavelikkara. P. BHAVADASAN, JUDGE sb.