IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25629 of 2008(A) -------------------------- OS.411/2008 of ADDL.M.C.,KOTTAYAM .................... PETITIONER: ------------ 1. N.A.THANKACHAN, AGED 67, S/O. ABRAHAM, RESIDING AT NEDUMANNIL VEEDU, SHALIYAKKARA, UPPUKUZHY, EDAMOM VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. T.S. THOMAS, AGED 56, S/O. THOMAS, RESIDING ATY KOLLASSERIL THAZHATHIL, VALLICODU VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.S.MANU SRI.ANOOP JOSEPH RESPONDENTS: ------------- 1. MALANKARA ORTHODOX SYRIAN CHURCH, REPRESENTED BY HH MORAN MAR BASELIOUS MARTHOMA DIDYMOS-I, DEVALOKAM, MUTTAMBALAM VILLAGE, KOTTAYAM. 2. H H MORAN MAR BASELLIOUS MARTHOMA DIDYMOS - FIRST CATHOLICOS OF THE MALANKARA ORTHODO SYRIAN CHURCH, DEVALOKAM, MUTTAMBALAM VILLAGE, KOTTAYAM. 3. H.G DR. MATHEWS MAR SAVARIOUS, THE SECRETARY, EPISCOPAL SYNOD, DEVALOKAM, KOTTAYAM. 4. SECRETARY, MALANKARA SYRIAN CHRISTIAN ASSOCIATION, DEVALOKAM, MUTTAMBALAM VILLAGE, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.25629 of 2008 ------------------------------- Dated this the 26th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India by the plaintiffs in O.S.No411 of 2008, on the file of Munsiff Court, Kottayam, for a direction to the Munsiff to dispose I.A.No.2191 of 2008, an application filed under Order XXXIX Rule 1 of Code of Civil Procedure. The case of the petitioner is that though a petition was filed along with the suit, notice was issued to the respondents and as notice was not served on all the respondents, fresh notice was ordered on 13.8.2008 and the case now stands posted to 30.8.2008, and unless an order is passed before 11.9.2008, the suit itself will become infructuous. In such circumstances, the writ petition is disposed directing Munsiff, Kottayam, to dispose I.A.No.2191 of 2008 in O.S.No.411 of 2008, as expeditiously as possible. If the W.P.(C) No.25629 of 2008 2 respondents appear on the next posting date, learned Munsiff must pass an order either on the same day at the earliest possible. M.SASIDHARAN NAMBIAR, JUDGE nj.