IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 7293 of 2010(O) -------------------------------------- OS.122/2007 of SUB COURT,KATTAPPANA .................... PETITIONER(S): ------------------------- 1. M.K.THOMAS, S/O.HALLY MATHEW, AGED 64 YEARS, KALLOOPARAMBIL THOPPIL HOUSE, PALLOM P.O., NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 2. MARY THOMAS, W/O.M.K.THOMAS, AGED 59 YEARS, KALLOOPARAMBIL THOPPIL HOUSE, PALLOM P.O., NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 3. GEORGE.M.THOMAS, S/O.M.K.THOMAS, AGED 31 YEARS, KALLOOPARAMBIL THOPPIL HOUSE, PALLOM P.O., NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. MR.P.KURUVILLA JACOB RESPONDENT(S): ------------------------ 1. M/S.K.G.ASSOCIATES, A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932 UNDER A DEED OF PARTNERSHIP BEARING NO.1566 DATED 16TH JUNE 2005 HAVING ITS HEAD OFFICE AT BUILDING NO.20/47 MOOZHAYIL BUILDINGS, NEAR NEW TELEPHONE EXCHANGE,PALAI,REP.BY THE MANAGING PARTNER M.V.0KRISHNAKUMAR 2. GEORGE THOMAS, S/O.THOMAS KALLATTU, AGED 53 YEARS, KALLATTU HOUSE, 20/47 MOOZHAYIL BUILDINGS, NEAR NEW TELEPHONE EXCHANGE, PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT-686 575. W.P.(C) NO.7293/2010 3. THEYAMMA GEORGE, W/O.GEORGE THOMAS, AGED 51 YEARS, KALLATTU HOUSE, 20/47 MOOZHAYIL BUILDINGS, NEAR NEW TELEPHONE EXCHANGE, PALA-686 575. 4. M.V.KRISHNAKUMAR, S/O.VELUKUTTY, AGED 58 YEARS, THEKKEDATH HOUSE, VADAKKEVILA POST, KOLLAM-10. 5. C.BABY GIRIJA, W/O.M.V.KRISHNAKUMAR, AGED 50 YEARS, THEKKEDATH HOUSE, VADAKKEVILA POST, KOLLAM-10. 6. THE SOUTH INDIAN BANK, PALAI BRANCH, REP. BY THE BRANCH MANAGER, MAIN ROAD, PALAI MEENACHIL TALUK, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. --------------------------------------- WP(C) No. 7293 of 2010-O --------------------------------------- Dated 5th March 2010 Judgment This is a Petition filed under Article 227 of the Constitution of India, seeking a direction to the Sub Court, Kattappana to dispose of Ext.P3 application filed by the petitioner as expeditiously as possible and before the trial of OS No.122/07 is taken up. IA No.3279/10 is also filed by the petitioner, seeking to issue carbon copy of the order that may be passed on Ext.P3. 2. The petitioner is the plaintiff in OS No.122/07 before the Sub Court, Kattappana, based on Ext.P1 sale agreement. It is submitted that there are two other suits as OS Nos.742/96 and 772/96 before the Sub Court, Thiruvananthapuram which are for realisation of money and in respect of the decrees in both the suits, the property involved in this proceedings are going to be attached and execution proceedings are pending in respect of those 2 decrees. The petitioner has filed this Writ Petition seeking for a direction to the Sub Court, Kattappana to dispose of Ext.P3 application said to have been filed by him, before proceeding with the trial of OS No.122/07. 3. I refrain from entertaining this Petition for the matter is pending before the Sub Court, Kattappana and orders are awaited. This Court is given to understand that the petitioner is pursuing other remedies. If that be so, it is unnecessary to consider this Petition. There is no merit in this Petition and it is accordingly dismissed. P.BHAVADASAN, JUDGE sta 3