IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 OP(C).No. 40 of 2010(O) ----------------------- AGAINST THE ORDER IN IA.4029/2010 IN AS.83/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONERS/PETITIONERS/RESPONDENTS: -------------------------------------------- 1. MOHANDAS, CHRISTU BHAVAN, ALANTHARAKONAM, VILAVOORKKAL VILLAGE, NEYYATTINKARA. 2. THANKAMANI, SHARON, AALANTHARAKONAM, PERUKAVU P.O., PEYAD, VILAVOORKKAL VILLAGE. BY ADV. SRI.RAJESH P.NAIR RESPONDENTS/COUNTER PETITIONER/APPELLANT: -------------------------------------------- 1. JOHN STEPHEN, LILLY COTTAGE, VALIYOTTUKONAM, PERUKAVU P.O., PEYAD, VILAVOORKKAL VILLAGE. 2. THE VILLAGE OFFICER, VILAVOORKAL VILLAGE OFFICE, VILAVOORKAL, THIRUVANANTHAPURAM. GOVERNMENT PLEADER: ADV. SRI. P R JAYAKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.40 of 2010 --------------------------------------- Dated this 23rd day of September, 2010 JUDGMENT Respondents instituted a suit against petitioners for a declaration and other reliefs and got an adverse verdict. They have preferred A.S.No.83 of 2008 which is now pending in the court of learned Additional Sub Judge-I, Thiruvanathapuram. According to the petitioner, under pressure from respondent No.1, respondent No.2 refused to receive land tax for the property involved in the suit. On account of that, petitioners are facing difficulties and hence they moved I.A.No.4029 of 2010 for an early disposal of the appeal. Learned Additional Sub Judge observed that there are still older matters pending consideration and disposal and hence request to advance hearing of the appeal cannot be allowed. Learned counsel prays that a direction may be issued to the learned Additional Sub Judge to dispose of the appeal as early as possible. 2. It is not as if learned Additional Sub Judge has not considered the request in the light of difficulties expressed by petitioner. When it is stated that older matters are pending disposal I do not find reason to direct learned Additional Sub O.P(C).No.40 of 2010 : 2 : Judge to give priority for this appeal for the reason that respondent No.2 is refusing to receive land tax. I checked up the matter through learned Government Pleader who tells me that since title to the property is in dispute, as per practice revenue authorities do not receive land tax. In such a situation I do not think it necessary to interfere with the order passed by learned Additional Sub Judge. I make it clear that order passed by learned Sub Judge will not preclude petitioners from requesting learned Additional Sub Judge, at a later time, if circumstances warranted that, to give expeditious disposal of the appeal. Original petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-