IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 4847 of 2009(B) ------------------------- OS.495/2006 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER/DEFENDANT: ---------------------------- HAJI TAR MOHAMMED SAIT, AGED 71 YEARS, S/O.HAJI ABDUL KARIM, A BLOCK NO.102, WEST FORT, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.A.S.ANILKUMAR RESPONDENT/PLAINTIFF: ---------------------------- SHAMSUDEEN, S/O.FAHRUDHEEN, TC 5/229(1) GOLF LINKS ROAD, KOWDIAR, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4847 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2009 JUDGMENT The respondent filed OS No.495/06 on the file of the Additional Sub Court, Thiruvananthapuram against the petitioner for realisation of a sum of Rs.10,42,000/- with interest. The plaintiff filed IA No.4586/06 for arrest before judgment. It is stated that the court below directed the defendant to furnish security for a sum of Rs.10 lakhs. The petitioner/defendant offered security by way of term deposit and it was accepted by the court below as per order dated 14.02.08. 2. The petitioner/defendant filed IA No.2530/08 seeking permission to withdraw the monthly interest from the term deposit which was offered as security. The application was filed on 29.05.08. The grievance of the petitioner is that the court below has not disposed of the application, in spite of the fact that the petitioner is an old man aged 70 years. The only prayer made by the petitioner is to issue a direction to the court below to dispose of IA No.2530/08 and if possible to dispose of the suit itself at the earliest. WPC No. 4847 OF 2009 -:2:- 3. The petitioner is a senior citizen. He has complied with the directions issued by the court. Whether petitioner is entitled to get the relief in IA No.2530/08 is a matter for consideration by the court below. The court below shall make every endeavour to dispose of IA No.2530/08 preferably before the closure of courts for summer holidays. If the court below finds that the suit can be listed for trial in the special list, the court is free to do so and dispose of the suit expeditiously. The Writ Petition is disposed of as above. (K.T.SANKARAN) JUDGE ttb