IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4128 of 2010(O) ------------------------------------- [OS.NO.187/2005 OF MUNSIFF'S COURT, SULTHAN BATHERI] .................... PETITIONER: ------------------- ANILKUMAR @ ANIL JACOB, S/O. T.U.JACOB, THARAPPATH HOUSE, PULPPALLY P.O., WAYANAD DISTRICT. BY ADVS. MR.VINOD J.DEV, MR.PRAMOD J.DEV. RESPONDENT: ---------------------- P.K.HUSSAIN, KIZHAKKETHODUKAYIL HOUSE, NEAR MODERN BAZAR, KODUVALLY P.O., KOZHIKODE DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 4128 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of February, 2010 JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking for a direction to the Munsiff's Court, Sulthan Bathery to try and dispose of O.S. No.187 of 2005 pending before that court as expeditiously as possible. 2. Petitioner is the plaintiff in O.S.No.187 of 2005 on the file of the Munsiff's Court, Sulthan Bathery. The said suit is for redemption of mortgage and for ancillary reliefs. Written statement was filed by the respondent/defendant. The case was involved in the special list on 19-9-1007 and on 10-2-2009. On both these occasions the respondent remained absent and the suit was decreed ex parte in favour of the petitioner. The respondent filed petitions to set aside the ex parte decree and they were allowed. The petitioner points out that the proceedings have been unnecessarily dragged on and therefore prays that a direction may be issued for an early disposal of the suit. W.P.(C) No. 4128/10 2 3. In the light of the fact that the case was included in the special list for trail twice and decreed afresh and thereafter restored to file, the prayer seems to be reasonable. 4. The court below shall include the suit in the list for the month of March and as far as possible conduct a day to day trial. With the above observation this writ petition is disposed of. P.BHAVADASAN, JUDGE. mn.