IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 19333 of 2009(O) --------------------------------------- AGAINST THE ORDER DATED 01/07/2009 IN IA.4440/2009 IN OS.195/2007 of III ADDL.SUB COURT, ERNAKULAM ........................................ PETITIONER(S): -------------------- M/S.HOTEL VENUS INTERNATIONAL, REP.BY THE SOLE PROPRIETOR VENUGOPALAN NAIR, S/O.KRISHNAPILLAI, S.S.KOVIL ROAD, THAMPANOOR, TRIVANDRUM, REP.BY THE POWER OF ATTORNEY HOLDER N.GOPALAKRISHNAN NAIR, AGED 72, S/O.NARAYANA PILLAI, HOUSE NO.14, SREENAGAR, MANAKKADU VILLAGE, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): ------------------------- 1. GOSREE DEVELOPMENT AUTHORITY, REP.BY ITS SECRETARY, PARK AVENUE, COCHIN. 2. THE SECRETARY, GOSREE DEVELOPMENT AUTHORITY, PARK AVENUE, COCHIN. 3. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, TRIVANDRUM. BY ADVS. SRI.VARGHESE K.PAUL FOR R1 & R2 SRI.P.K.RAVIKRISHNAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19333 of 2009(O) A P P E N D I X EXHIBITS FOR THE PETITIONER :- EXT.P1 : COPY OF THE PLAINT (O.S.195/2007 FILED BY THE PETITIONER BEFORE THE ADDITIONAL SUB COURT, ERNAKULAM. EXT.P2 : COPY OF MEDICAL CERTIFICATE DTD.25.2.2009 ISSUED FROM THE MIOT HOSPITAL, CHENNAI. EXT.P3 : COPY OF APPLICATION SUBMITTED BY THE PETITIONER DT.1.7.09. EXT.P4 : COPY OF COPY OF MEDICAL CERTIFICATE DTD.26.6.09 ISSUED FROM THE SP FORT HOSPITAL, TRIVANDRUM. EXHIBITS FOR THE RESPONDENTS : NIL. //TRUE COPY// P.A.TO JUDGE ami S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.19333 OF 2009 () ----------------------------------- Dated this the 17th day of July, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: i. to call for the records and set aside the order in I.A.No.4440/2009 dated 1.7.2009 in O.S.No.195/2007 on the file of the Additional Sub Court, Ernakulam; ii. to issue appropriate writ, order or direction directing the Additional Sub Court, Ernakulam to reconsider I.A.No.4440/23009 in O.S.No.195/2007 on the file of the Additional Sub Court, Ernakulam; iii. to grant such other relief as this Honourable Court may deem fit and proper in the facts and circumstances of the case. 2. Petitioner is the 2nd plaintiff in O.S.No.195/2007 on the file of the Additional Sub Court, Ernakulam and the respondents are the defendants. Suit was one for money. When the suit was listed for trial, the plaintiff moved an WPC.19333/09 2 application for removing the case from the list stating that he had undergone a bypass surgery requiring rest for a period of two months and as such he was unable to be present for trial. The learned Sub Judge declined the request and dismissed the application and appointed an Advocate Commissioner for recording the evidence. Impeaching the correctness of that order, this writ petition is filed invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. Notice being given, the respondents have entered appearance through counsel. 3. I heard the counsel on both sides. The fact that the petitioner has undergone a bypass surgery recently is not disputed. As the plaintiff/petitioner has to give evidence first in the case, the inconvenience caused on account of the surgery undergone will render him incapable to prosecute the case as scheduled by the court. Having regard to the facts and circumstances involved, I direct the court below to WPC.19333/09 3 remove the case from list, and include it for trial in the list of cases for September, 2009, and dispose it after affording reasonable opportunity to both sides to lead evidence in support of their respective case. Writ petition is disposed accordingly. S.S.SATHEESACHANDRAN JUDGE prp