IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 2739 of 2010(O) ------------------------- OS.256/2008 of II ADDL.SUB COURT,KOZHIKODE .................... PETITIONER(S): --------------- K.GOPALAN NAIR, S/O. JANAKI AMMA, AGED 59 YEARS, KALLISSERY, DEEPAM, VENGERI VILLAGE, NEDUNGOTTUR DESOM, KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT: --------------- C.BABU, S/O. CHALIYEDATH ABOOBACKER, 'BLUE MOON' HOTEL, RAMANATTUKARA, VELIPRAM AMSOM DESOM, KOZHIKODE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 2739 of 2010 ---------------------------------------------------- Dated this the 9th day of February, 2010. JUDGMENT The writ petitioner is the plaintiff in O.S. No. 256 of 2008 on the file of the II Additional Sub Court, Kozhikode. The said suit is one for realisation of a sum of Rs.3,25,000/- allegedly due under an agreement entered into between the plaintiff and the defendant. The case of the defendant is one of adjustment. According to the defendant, while the plaintiff was in occupation of the building in question for running a hotel, the plaintiff committed theft of electrical energy which was detected by the Anti Power Theft Squad of the Kerala State Electricity Board and the amount of penalty on account of the theft of electrical energy was quantified at Rs.1,78,643/- and this amount is liable to be adjusted against the plaint claim. The defendant had filed I.A. No. 4962 of 2009 for summoning the documents in the custody of the Executive Engineer, K.S.E.B, Ramanattukara W.P.(C) No. 2739/2010 : 2 : to substantiate the said adjustment. I.A. No. 4893 of 2008 was an application filed by the defendant to amend the written statement and the same was allowed. 2. According to the petitioner/plaintiff, he had filed I.A. No. 3337 of 2009 on 10.09.2009 seeking to advance the trial of the suit from 08.04.2010 (to which date the suit stood posted) and there is no move on the part of the court below to include the suit in the special list on an earlier date. The plaintiff would have it that the respondent/defendant is resorting to dilatory tactics to delay an early disposal of the suit. Hence this writ petition. 3. This Court had called for a report from the learned Sub Judge, Kozhikode. In the latest report dated 06.02.2010, the learned Sub Judge has reported that the documents in the custody of the K.S.E.B applied for by the defendant had to be summoned for the purpose of adjudicating the dispute between the parties and that there is no deliberate attempt on the part of the defendant to W.P.(C) No. 2739/2010 : 3 : protract the trial of the suit. Depending on the pendency of cases before that court, the learned Sub Judge shall pass orders on I.A. No. 3337 of 2009 filed by the plaintiff to advance the trial of the suit and list the case accordingly. In case the listing of the suit for trial cannot be on a date prior to 08.04.2010 to which the case stands posted, that court shall direct the defendant to deposit the admitted amount due from him. This writ petition is disposed of as above. Dated this the 9th day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 2739/2010 : 4 :