IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 OP(C).No. 2261 of 2011(O) ------------------------- OS.1285/2010 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: ---------------------- SUDHI KUMAR, S/O. SIVADASAN, DAS COTTAGE, TC NO.36/303, PETTAH VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.M.R.ANANDAKUTTAN, SMT.M.A.ZOHRA, SRI.A.MANOHARAN, SRI.R.S.MADHU, SRI.MAHESH ANANDAKUTTAN. RESPONDENT(S): ---------------------------- 1. VIKRAM RAJAN, S/O. PADMANABHAN, TC 30/895, V.R.HOUSE, KANNAVILA ROAD, PETTAH, THIRUVANANTHAPURAM-695 035. 2. ASHOK KUMAR, S/O. PADMANABHAN, PADMAVILAKOM, KAVARADI ROAD, PETTAH, THIRUVANANTHAPURAM-695 035. 3. MALINI, D/O. ASOK KUMAR, PADMAVILAKOM, KAVARADI ROAD, PETTAH, THIRUVANANTHAPURAM-695 035. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(C)NO.2261/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF JUDGMENT DTD. 29/09/2009 IN WP(C) NO.25565 OF 2009 (O) OF THIS HONOURABLE COURT. P2: COPY OF THE I.A.230 OF2011 IN O.S.NO.1285 OF 2010 BEFORE THE SUB COURT, THIRUVANANTHAPURAM DTD.11/01/2011. P3: COPY OF HE AMENDMENT PETITION I.A.1804/2011 IN O.S.1285/2010. P4: COPY OF THE AMENDED PLAINT DTD. 23/06/2011. P5: COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED ON 24/06/2011. P6: COPY OF PETITION I.S.NO.2639/2011 IN O.S.1285 OF 2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2261 of 2011 --------------------------------------- Dated this 14th day of July, 2011 JUDGMENT Third defendant in O.S.No.1285 of 2010 who claims to be a bonafide purchaser of the suit property from the second defendant, is the petitioner before me urging for a direction to the learned Sub Judge, Thiruvananthapuram to dispose of the suit as early as possible. The suit was originally filed in the Court of learned Principal Munsiff, Thiruvananthapuram and taken on file as O.S.No.961 of 2007. Later, on the valuation of the suit being amended, plaint was returned to be presented in the Sub Court and accordingly the plaint was presented in the Sub Court and renumbered as O.S.No.1285 of 2010. Petitioner says that he is a bonafide purchaser of the property and that on account of pendancy of the suit he is not able to deal with the property as its proprietary title holder. 2. When the matter was pending in the Court of learned Principal Munsiff (as O.S.No.961 of 2007), petitioner approached this Court with a similar request and this Court by Ext.P1, judgment dated September 29, 2009 in W.P(C).No.25565 of 2009 directed learned Principal Munsiff to expedite steps for trial and O.P(C).No.2261 of 2011 -: 2 :- disposal of the suit at an early date. That direction notwithstanding that the forum of trial has changed to the Court of learned Second Additional Sub Judge, Thiruvananthapuram, remains in force and binds learned Sub Judge. Hence a further direction is not required. What is required is only to remind learned Sub Judge of the direction that this Court has issued in W.P(C).No.25565 of 2009 and to comply with the said direction. I do so. This original petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-