IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 OP(C).No. 1437 of 2011(O) OS.292/2010 OF MUNSIFF'S COURT, MAVELIKKARA PETITIONER ---------------------- SAIJU NISSA,AGED 39 YEARS, W/O.DR.NAZAR,EDAYILE VEETTIL, ADINATTU THEKKUM MURI, ADINADU VILLAGE,KARUNAGAPPALLY TALUK. BY ADV. SRI.SIRAJ KAROLY SMT.R.RAJASREE (CHUTTIMATTATHIL) RESPONDENTS: ----------------------- 1. DANIEL YOHANNAN,AGED 60 YEARS, S/O.YOHANNAN,VELANGATTU JINU BHAVAN, KURATHIKADU MURI, THEKKEKKARA VILLAGE- 690 321. 2. RAVI,AGED 56 YEARS,S/O.KRISHNAN, VALLOORETHU THARAYIL,KURATHIKADU MURI, THEKKEKARA VILLAGE- 690 321. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) SRI.M.G.ARUN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.292 OF 2010. EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE FIRST DEFENDANT. EXT.P3 TRUE COPY OF APPLICATION BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1437 OF 2011 O ------------------------------------------------------ Dated this the 29th day of June, 2011 JUDGMENT The petitioner is the plaintiff in O.S.No.292 of 2010, on the file of the Court of the Munsiff of Mavelikkara, for eviction of the first respondent from the plaint schedule properties. The prayer in the Original Petition is to issue a direction to the Munsiff's Court, Mavelikkara to dispose of O.S.No.292 of 2010 expeditiously and within a stipulated time. 2. The learned counsel appearing for the first respondent submitted that the suit was filed on 27.9.2010 and the written statement was filed on 4.3.2011. A commission application was filed by the first defendant on 15.3.2011, which was allowed on 24.3.2011. The case is posted to 1.7.2011 for filing the Commissioner's report. The counsel submitted that the Commissioner has not so far inspected the properties. 3. Since the suit is not ripe for trial, there is no point in O.P.(C) NO.1437 OF 2011 :: 2 :: directing the court below to dispose of the suit within a time frame. After the steps are completed and the suit is ripe for trial, the court below shall give precedence to the present case and shall list the case for trial at the earliest. The Original Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/