IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 37159 of 2009(O) -------------------------- OS.277/2008 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONER(S): --------------- MOHAMMED ELLIAS, SHAHANAZ, ASHRAMAM, KOLLAM EAST VILLAGE. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): --------------- ABDUL NAHAS, S/O.MEERA SAHIB, AGED 45 YEARS, NAHAS MANZIL, KALLUVIDAKOM, KEEZHUVALAM VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.37159 OF 2009 -------------------------------- Dated this the 11th day of January 2010 ---------------------------------------------------------- JUDGMENT The above writ petition has been filed by the first defendant in O.S No.277 of 2008 on the file of the Sub Court, Attingal. Suit is one for specific performance, and the respondent is the plaintiff. Petitioner and his wife have been impleaded as the defendants in the suit. Grievance espoused by the petitioner is that he is a senior citizen aged 70 years and in view of the delay in disposal of the suit he is put to severe hardship and untold suffering. A report was called from the learned Sub Judge to ascertain whether the suit is ripe for trial. It is reported that the defendant in the suit has raised a counter claim in the written statement and the case now stands posted for filing written statement to that counter claim by the plaintiff. Ext.P2 is the copy of the written statement filed by the defendant which is seen dated 16/06/2009. The report of the learned Sub Judge would also W.P.(C).No. 37159 OF 2009 Page numbers indicate that lot of old cases are pending in that court and the cases up to 2006 are now listed for trial. Whatever that be, considering the grievance canvassed by the petitioner, a senior citizen, I direct the learned Sub Judge to give priority for completing the pretrial steps in the above suit and to dispose it as expeditiously as possible, but, after providing reasonable opportunity to both sides to lead evidence in the case. The learned Sub Judge is directed to dispose the suit at any rate within a period of ten months from the date of receipt/production of a copy of this judgment. Writ petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv