IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No.32486 of 2008 (P) ---------------------------------- AS.126/2004 of SUB COURT, NEYYATTINKARA .................... PETITIONER: --------------- BAHULEYAN NAIR, S/O.PARAMESWARAN PILLAI, VADAKKEKKARA PUTHEN VEEDU, KORALA PASUVENNARA DESOM, KEEZHAROOR VILLAGE. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: ------------------ 1. NEELAKANTAN THANKAPPAN S.T.NIVAS, KIZHAKKEKARA MARUTHANCODE, KEEZHAROOR DESOM. KEEZHAROOR VILLAGE. 2. JANAKI PILLA, D/O.KUNJIPPILA, PARAMBUMTHALA VEEDU, ALATHOOR, MARAYAMUTTOM DESOM, PEERUMKADAVILA VILLAGE. 3. RADHA, D/O.JANAKI PILLA, DO.DO. 4. SADASIVAN, S/O.MADHAVAN NAIR LEKSHMI VILASOM BUNGLOW PASUVENNARA DESOM, KEZHAROOR VILLAGE 5. RAJESH, S/O.VASUDEVAN NAIR VADAKKETTUVILA, PASUVENNARA DESOM, KEEZHAROOR VILLAGE. WP(C).No.32486 of 2008 (P) -2- 6. BHASKARAN NAIR, MADHAVA VILASOM BUNGLOW CHEMBIYARKOTTU, PASUVENNARA DESOM KEEZHAROOR VILLAGE. 7. SARASWATHY, D/O.APPI AMMA KAVALLOOR KIZHAKKUMKARA ROADARIKATHU PUTHEN VEEDU, KEEZHAROOR DESOM. 8. THANKAMM, W/O.KUTTAN KAVALLOOR KIZHAKKEKARA PUTHEN VEEDU KEEZHAROOR PO. 9. SETHU, W/O.VIJAYAN, KAVALLOOR KIZHAKKEKARA ROADARIKATHU PUTHEN VEEDU, KEEZHAROOR DESOM. 10. VIJAYAN, S/O.KUNJUKRISHNA PANICKER, DO.DO. 11. SOMAN, S/O.NALLATHAMPI, S.S.BHAVAN, PAZHINJIPARAYIL COLONY KEEZHAROOR DESOM. 12. SREEKANTAN, S/O.KRISHNA PILLAI VADAKKEKARA PUTHEN VEEDU, EDUPPARAKONAM, KEEZHAROOR DESOM. 13. MADHAVAN NAIR, MOAHAVAVILASOM BUNGLOW CHEMBIYARAKKOTTE, PASUVENNARA DESOM, KEEZHAROOR VILLAGE. 14. SUKUMARAN, S/O.KUNJUKRISHNA PANICKER NEAR AYAYIL TEMPLE, AYAYIL DESOM PERUMKADAVILA VILLAGE. 15. PREETHAKUMARI, D/O.SETHU KIZHAKKEKARA VEEDU, KUTTIYANIKKAD KEEZHAROOR VILLAGE 16. PRAMEELA KUMARI, D/O.SETHU DO.DO. 17. PRATHEESH KUMAR, S/O.VIJAYAN, DO.DO. 18. KRISHNANKUTTY, S/O.KRISHNA PANICKER KIZHAKKEKARA VEEDU, KUTTIYANIKKAD. KEEZHAROOR VILLAGE WP(C).No.32486 of 2008 (P) -3- 19. SANTHI, D/O.KRISHNANKUTTY DO.DO. 20. REMA, NEAR KAVALLOOR KIZHAKKEKARA SETTLEMENT COLONY, KUTTIYANIKKAD, KEEZHAROOR VILLAGE. 21. JUSTUS, KUNDAYATHU KONATHU VEEDU KUTTIYANIKADU, KEEZHAROOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.32486 of 2008 ------------------------------------------------ Dated this the 27th day of November, 2008 JUDGMENT Heard submissions of the counsel for the petitioner in the light of the report received through the registry from the Sub Judge, Neyyattinkara. The grievance that was highlighted by the petitioner in this Writ Petition is that the Sub Judge, Neyyattinkara is disabled from disposing of A.S.126/04 pending before him by the appellant/first defendant and respondents 2 to 16 who were his co-defendants filing several petitions one after another and that therefore, the Sub Judge be directed to dispose of the appeal within a time limit to be fixed by this Court. 2. This Writ Petition is filed on 04/11/08. The report of the Sub Judge shows that A.S.126/04 was ripe for hearing and was partly heard and thereafter, the first W. P. C. No.32486 of 2008 -2- respondent who is the petitioner herein filed I.A.1786/08 for an injunction and I.A.1787/08 for issue of a commission and both the I.As. were posted to 25/11/08 for objection and hearing and that in the meanwhile, on 20/10/08 I.A.1893/08 was filed by a stranger to get himself impleaded and he has produced certain documents also on 25/11/08. Obviously, when I.A.1893/08 filed by the stranger was on 20/10/08, I.A.1786 and 1787 of 2008 are petitions filed prior to 20/10/08. The filing of such petitions in the first appellate court by the petitioner/first respondent himself had been suppressed in this Writ Petition. Further, respondents 2 to 16 had not filed any petition and I.A.1893/08 was filed only on 20/10/08 seeking for impleadment by a stranger. The fact that the appeal was partly heard and that it was thereafter that I.As.1786 and 1787 of 2008 were filed by the W. P. C. No.32486 of 2008 -3- petitioner himself shows that the petitioner himself was instrumental in disabling the court from disposing of the appeal which was part heard and the appeal would have been disposed of even before filing of this Writ Petition had such applications being not filed by the petitioner which necessarily will entail adjournment of the appeal especially when one application was for issue of a commission. However, the Sub Judge has reported that the I.As can be disposed of within one week and the appeal itself can be disposed of in January, 2009. In view of the said report, no further direction requires to be issued in this Writ Petition. Transmit a copy of this judgment to the Sub Judge for information and appropriate action. K.P.BALACHANDRAN, JUDGE kns/-