IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 23475 of 2010(O) -------------------------- OS.310/2009 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: --------------- GOPALAKRISHNAN, AGED 63 YEARS S/O.SREEDHARAN, VADAKKEPADEETTATHIL VEEDU, PADANAYARKULANGARA, VADAKKEMURI, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENT: --------------- PARVATHY BHAVANI, AGED 77 YEARS W/O.SREEDHARAN, VADAKKEPADEETTATHIL VEEDU, PADANAYARKULANGARA, VADAKKEMURI, KARUNAGAPPALLY – 690518, KOLLAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.23475 of 2010 --------------------------------------- Dated this 27th day of July, 2010 JUDGMENT Petitioner who is the defendant in O.S.No.310 of 2009 of the court of learned Munsiff, Karunagappally seeks a direction for early disposal of the suit. His mother has filed the suit for an order of temporary injunction to restrain him from forcibly dispossessing her from the suit property and building occupied by her. Petitioner states that he is residing in a rental building, period of tenancy is to expire on 05-08-2010 and he needs the building in the suit property for his residence. Petitioner states that Ext.P5, application for issue of commission is pending consideration of learned Munsiff for the last one year and that Ext.P7, application preferred for early disposal of Ext.P5, application also has not found favour of learned Munsiff. 2. The suit is of the year 2009. Without understanding the volume of work of the court concerned and priority of the older cases if any to be disposed of I am not justified in issuing any direction for early disposal. I make it clear that it will be open to the petitioner to impress upon court below about his dire need for early disposal of the case and if any request is made in that W.P.C.No.23475 of 2010 : 2 : behalf, learned Munsiff shall consider that request and pass appropriate orders. Without prejudice to that right writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-