IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 8032 of 2008(F) ------------------------- OS.99/2004 of SUB COURT, CHERTHALA .................... PETITIONER: ------------ K.M.SUNDARAN, SAROVARAM VEETTIL, CHARAMANGALAM MURI, THANNEERMUKKOM THEKKU VILLAGE. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENTS: ------------- 1. KOMALAM, D/O. LAKSHMI, MAKKAPARAMBU, PATTANAKKAD MURI, THANNEERMUKKOM THEKKU VILLAGE, REP. BY HER POWER OF ATTORNEY T.K.PRASANNAN, S/O. NARAYANAN, EDAPPARAMBIL, CHARAMANGALAM MURI, THANNEERMUKKOM THEKKU VILLAGE. 2. PRAHLADAN, S/O. VASUDEVAN, MOOLAYIL VEETTIL, CHETTIKATTU MURI, PATHIRAPPALLY VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.8032 of 2008 ------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to consider Exts. P5 and P6 applications and to order the respondents to maintain the statusquo till that time. 2. The plaintiff is the petitioner. His suit has been dismissed for default and he has filed an application for restoration which is pending as Ext.P4 before this court. I am surprised to find that there is no prayer for consideration of this application at all. But the plaintiff wants consideration of prayers regarding issuance of a Commission and to order maintenance of statusquo. When a suit is not pending before the court it may not be proper to pass any such orders in this type of applications. Therefore, I dispose of the writ petition as follows. I direct the court below to consider and dispose of the restoration application pending before the court within a time frame of two weeks and if the suit happens to be restored, then consider Exts. WPC 8032/2008 2 P5 and P6 applications after hearing both sides and pass appropriate orders. M.N.KRISHNAN, JUDGE csl