IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 OP(C).No. 2461 of 2011(O) -------------------------------------- OS.NO. 34/2008 of SUB COURT, MANJERI .................... PETITIONER/DEFENDANT IN OS NO.34/2008 ON THE FILES -------------------------------------------------------------------------------------- SHAMSUDHEEN,AGED 43 YEARS, S/O.KOMUKUTTY SRANK,MANGATTUPARAMBIL HOUSE, PARAVUR ROAD, P.O. PULIKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENT(S): PLAINTIFF IN OS NO.34/2008 ON THE FILES OF SUB ------------------------------------------------------------------------------------------------------- MANOLI KOYA,S/O.ABOOBACKER,AGED 42 YEARS MANOLI HOUSE,P.O AYIKARAPADI,MALAPPURAM DISTRICT.676 505 BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.2461/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN O.S.NO.34/2008 BEFORE THE SUB COURT, MANJERI. P2 COPY OF THE WRITTEN STATEMENT IN O.S.NO.34/2008 BEFORE THE SUB COURT, MANJERI. P3 COPY OF THE JUDGMENT DATED 06/09/2010 IN CRL.APPEAL NO.929/2007 OF THE FILES OF COURT OF SESSIONS, KOZHIKODE. P4 COPY OF THE ORDER DATED 07/06/2010 IN I.A.NO.797/2010 IN O.S.NO.34/2008 ON THE FILES OF SUB COURT, MANJERI. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2461 of 2011 -------------------------------------- Dated this the 3rd day of August, 2011. JUDGMENT Petitioner is the defendant in O.S.No.34 of 2008 of the court of learned Sub Judge, Manjeri seeking a direction for an early disposal of that suit. 2. The suit is based on a dishonoured cheque allegedly issued by petitioner. Petitioner states that in connection with the same dishonour, he was prosecuted in S.T.No.4492 of 2007, convicted by the trial court but he got an acquittal in Crl.Appeal.No.929 of 2007. It is submitted that after the acquittal of petitioner, respondent/plaintiff obtained attachment of property of petitioner without notice to the petitioner. In the circumstances it is prayed that a direction may be given to the learned Sub Judge for early disposal of the suit. 3. Without understanding the volume of work of the court concerned and priority for disposal of older cases it is not proper for me to issue any direction as prayed for. But I make it clear that it is open to the petitioner to request learned Sub Judge for expeditious disposal of the suit and if any such request is made learned Sub Judge shall consider the same and pass appropriate orders having regard to the facts and circumstances of the case. With the above direction this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks