IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 FAO.No. 266 of 2008() --------------------- OS.257/2007 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT/DEFENDANT --------------------------------------- K.P.JOSE, S/O. KUNJAPPADAN PAILOTH, AGED 56, R/AT KANJAPADAN, ORCHARD, POST KOTTAYAM SOUTH, MOOLAVATTOM KARA, NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): PLAINTIFF ------------------------ 1. M.P.AHAMMED, S/O. MAMADKUTTY HAJI, AGED 50, R/AT 5/2697-H, MALABAR HILLS HOUSING COLONY, K.P.CHANDRAN ROAD, POST PUTHIYARA, CALICUT-673 004, IN KALATHINKUNNU AMSOM AND DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT. 2. MALABAR SHOPPERS CENTRE PRIVATE LIMITED, REP.BY ITS MANAGING DIRECTOR, M.P.SHAMLAL, S/O.M.P.AHAMMED,AGED 26 YRS,R/A 5/2697-H,MAKHA HILLS HOUSING COLONY, K.P.CHANDRAN ROAD, POST PUTHIYARA,CALICUT-673004 IN KALATHINKUNNU AMSOM & DESOM OF KOZHIKODE TALUK,KOZHIKODE DISTRICT. ADV. SRI.V.P.MOHAMMED NIYAZ ANGEL TREENA,ARLIS TRENCY ANTONY FOR MEDIATORS THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. `````````````````````````````````````` F.A.O. No. 266 OF 2008 `````````````````````````````````````` Dated this the 15th day of October, 2009 J U D G M E N T Joseph, J. Appellant challenges the order passed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. 2. We heard learned counsel for the appellant and learned counsel appearing for the respondents. 3. The suit is of the year 2007. Of course, learned counsel for the respondents would submit that it may be necessary to implead the Dena Bank. We feel that the appeal can be disposed of directing the expeditious disposal of the suit. Having regard to the facts, the appeal is disposed of directing that the Principal Sub Judge, Kottayam will take up the suit and dispose it of finally at the earliest, at any rate, FAO.266/08 : 2 : within six months from the date of receipt of a copy of this judgment. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks