IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11411 of 2008(H) -------------------------------- OS.473/1992 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER: -------------- SURYA NARAYANAN P,S/O.PADMANABHAN, AGED 42 YEARS,KASABA AMSOM,KASABA DESOM, KOZHIKODE TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS: ----------------- 1. EZHUTHASSAN KANDY SREENIVASAN, AGED 63 YEARS,S/O.KRISHNAN, NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK. 2. BHAKTHAVALSALAN,AGED 60 YEARS, S/O.KRISHNAN,NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER EZHUTHASSAN KANDY SREENIVASAN,S/O.KRISHNAN,NEDUNGOTTUR AMSOM, DESOM OF KOZHIKODE TALUK. 3. JANARDHANAN,AGED 55 YEARS,S/O.KRISHNAN, NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, EZHUTHASSAN KANDY SREENIVASAN,S/O.KRISHNAN, NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK. 4. SIVADASAN,AGED 53 YEARS,S/O.KRISHNAN, NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER EZHUTHASSAN KANDY SREENIVASAN,S/O.KRISHNAN, NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK. 5. HARIDASAN,AGED 49 YEARS,S/O.KRISHNAN, NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER EZHUTHASSAN KANDY SREENIVASAN,S/O.KRISHNAN, NEDUNGOTTUR AMSOM,DESOM OF KOZHIKODE TALUK. 6. PADANNAPURATH UNNIKRISHNAN,AGED 65 YEARS S/O.APPUNNI,KASABA AMSOM DESOM,KOZHIKODE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ---------------------------------------------------------- W.P.C. No 11411 of 2008 ---------------------------------------------------------- Dated this the 3rd April 2008 JUDGMENT This writ petition is preferred to call for the records leading to Exts. P1 to P3 and direct Munsiff-II, Kozhikode to consider and dispose of the application filed along with Ext. P2, i.e., I.A. 2952 of 2005 in I.A. 3710 of 1996 in O.S. 473 of 1993. 2. Learned counsel for the petitioner submits before me that the said application is one to call upon the plaintiff to deposit the half the amount received as rent and in the alternative to appoint a receiver and the same is pending consideration from 2005 onwards. I therefore direct the court below to consider and dispose of the said application including the maintainability of the petition in the light of the preliminary decree passed by the court on or before 15.06.2008. I also direct the court below to dispose of the final decree application as expeditiously as possible. The writ petition is disposed of as above. Sd/- M.N. KRISHNAN Judge 03/04/2008 en [true copy]