IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P. JOSEPH WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 OP(C).No. 3602 of 2011(O) --------------------------------- AGAINST THE ORDER DATED 13/10/2011 IN IA.1812/2011 IN AS.106/2010 of SUB COURT, PALA .................... PETITIONERS: ---------------------- 1. ANNIE STEPHEN, W/O.M.E.STEPHEN, MUPRAPPALLIL HOUSE, UZHAVOOR EAST P.O., UZHAVOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DIST. 2. M.E.STEPHEN, S/O.ESTHAPPAN, MUPRAPPALLIL HOUSE, UZHAVOOR EAST P.O., UZHAVOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DIST. 3. M.STESON, S/O.STEPHAN,MUPRAPPALLIL HOUSE, UZHAVOOR EAST P.O., UZHAVOOR VILLAGE, MEENACHIL TALUK, NOW RESIDING AT NO.8, CROFTON ROAD, OLD SWAN, LIVER POOL L 13, UNITED KINGDOM (PETITIONERS 1 & 3 ARE REP.BY POWER OF ATTORNEY HOLDER, 2ND PETITIONER, SRI.M.E.STEPHEN, MUPRAPPALLIL HOUSE, BY ADV. SRI. S. SHARAN RESPONDENT: -------------------- MATHEW JOSEPH, S/O.UTHUPAN, KAIPARETTU HOUSE, UZHAVOOR EAST P.O., UZHAVOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DIST-686 634. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. OP(C).No. 3602 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1- A TRUE COPY OF THE POWER OF ATTORNEY DATED 13.7.2009 EXECUTED BY PETITIONERS 1 & 3 TO THE 2ND PETITIONER. EXHIBIT P2- A TRUE COPY OF THE APPEAL MEMO DTD.3.11.2010 FILED BY THE PETITIONERS BEFORE THE SUB COURT, PALA. EXHIBIT P3- A TRUE COPY OF THE AFFIDAVIT AND PETITION DTD.12.10.2011 FILED BY THE PETITIONERS COUNSEL BEFORE THE SUB COURT, PALA. EXHIBIT P4- A TRUE COPY OF THE ORDER DTD. 13.10.2011 IN IA NO.1812/2011 IN AS NO.106/2010 OF THE SUB COURT, PALA. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE SCL. THOMAS P. JOSEPH, J. ---------------------------------------- O.P.(C) No. 3602 OF 2011 ------------------------------------------ Dated this the 9th day of November, 2011. J U D G M E N T Petitioners are the defendants in O.S.No.86 of 2009 of the court of learned Munsiffs, Pala. The suit was decreed on 23.9.2010 against which petitioners preferred A.S No.106 of 2010 before the learned Sub Judge, Pala. Since the first petitioner is presently in the United Kingdom and counsel for petitioners wanted to get instruction from the 1st petitioner, counsel filed application to adjourn hearing of the appeal which was dismissed on 13/10/2011. Hence this Original Petition. 2. Learned Senior Advocate appearing for petitioners submitted that first petitioner is expected to be at her native after the X'mas vacation and if she comes back, there is possibility for an amicable settlement of the case between parties and it was bearing that also in mind that counsel requested for adjournment of the appeal. Learned Senior Advocate submits that there are older appeals still pending for disposal in the court of learned Sub Judge. O.P.(C) No. 3602 OF 2011 2 3. This court cannot give instruction or direction as to which matter should be taken up first by the learned Sub Judge. That is a matter within the discretion of learned Sub Judge. But as submitted by the learned Senior Advocate if there is a possibility of the matter being settled between parties once the first petitioner comes to her native place after X'mas Vacation it is certainly a matter which learned Sub Judge has to take into consideration. 4. In the circumstances, I make it clear that notwithstanding the order dated 13/10/2011, it will be open to the petitioners to request learned Sub Judge to adjourn hearing of the appeal to a convenient day so that parties would have an opportunity to try for an out of court settlement. With the above direction this Original Petition is disposed of. THOMAS P. JOSEPH, JUDGE. SCL.