IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19749 of 2008(A) -------------------------- OS.165/2007 of MUNSIFF COURT,VARKALA .................... PETITIONER: SALIM, S/O.ALIYAR KUNJU 70 YEARS, PALLIKIZHAKATHIL VEETIL,, VADASSERYKONAM, MUDIYAKODE DESOM, CHERUNNIYOOR VILLAGE, VARKALA BY ADV. SRI.M.P.RAMNATH RESPONDENT: THAMEEM, S/O.SHAMSUDHEEN, 31 YEARS HAMEED MANZIL, PALACHIRA, MUDIYAKODE DESOM, CHERRUNNIYOOR VILLAGE,VARKALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 19749 OF 2008 ............................................ DATED THIS THE 1st DAY OF JULY, 2008 JUDGMENT Petitioner is the plaintiff and respondent, the defendant in O.S.165 of 2007 on the file of Munsiff Court, Varkala. This petition is filed under Article 227 of Constitution of India for a direction to the Munsiff, Varkala to dispose all the pending applications in the suit and also the suit within a time frame to be fixed by the court. 2. Learned counsel appearing for petitioner was heard. Learned counsel, relying on Ext.P2 copy of the B-Diary, submitted that respondent did not file a written statement and subsequently he was set exparte on 11.10.2007 and thereafter respondent filed an application to set aside the exparte, along with a written statement and the exparte order was set aside. When petitioner contended that respondent was not in India, when the written statement was filed and a petition was filed to call for the passport, it was allowed. Subsequently respondent came back to India. Respondent was directed to be present in court. But he did not appear. Finally the suit was posted on 13.6.2008 on which day also respondent did not appear and an WP(C) 19749/2008 2 adjournment to 25.6.2008 was granted on payment of cost of Rs.500/-. It was submitted that on 25.6.2008 also court did not take up the matter and the case now stands posted to 16.7.2008. It is submitted that petitioner is aged 70 years and in such circumstances, learned Munsiff may be directed to dispose the suuit as expeditiously as possible. 3. On the facts and circumstances as disclosed in Ext.P2 B -Diary, learned Munsiff is directed to dispose the suit as expeditiously as possible. Learned Munsiff shall dispose all the pending petitions without any delay, at any rate, within two months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE lgk/-