IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23635 of 2010(O) -------------------------- O.S.NO.34 OF 2009 OF SUB COURT, THODUPUZHA PETITIONER/DEFENDANT: --------------- RADHAKRISHNAN S/o. LATE NAMBIAR, SHANTHI HEAVEN A-3, DOOR NO.128/130, St. MARY'S ROAD CHENNAI-28 BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENT/PLAINTIFF: --------------- T C PREMRAJ S/o. MADHAVA KURUP, AGED 52 YEARS K P HOUSE, MAYYIL P O , KANNUR DISTRICT-670 141 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.23635 of 2010 -------------------------------------- Dated this the 28th day of July, 2010. JUDGMENT Defendant in O.S.No.34 of 2009 of the court of learned Sub Judge, Thodupuzha is the petitioner before me. Respondent filed a suit for recovery of money based on an agreement for sale. According to the learned counsel, parties have settled the case. Respondent/plaintiff is working abroad while petitioner is staying at Chennai. Though parties have settled the case outside court since learned Sub Judge is not sitting petitioner and respondent are not able to file compromise petition. Hence this writ petition. 2. If Presiding Officer of the court concerned is not sitting and if full additional charge is not given to any other Judge and even otherwise, it is within the power of learned District Judge, Thodupuzha to withdraw the case to that court in exercise of power under Section 24 of the Code of Civil Procedure and pass appropriate orders as the trial court could do. In that situation, there is no reason why this court should entertain this writ petition. I make it clear that it will be open to the parties or any of them to move learned District Judge, Thodupuzha as stated above and seek appropriate reliefs. With the above observation this writ petition is closed. THOMAS P.JOSEPH, Judge. sbna/