IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 11987 of 2009(O) --------------------------------------- T.O.P.NO.417/2008 OF DISTRICT COURT, THRISSUR. .................... PETITIONER: ------------------- LUCY, D/O.PORINCHU, ALAPPATT PALATHINGAL HOUSE, KARANCHIRA DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. MR.K.JAYAKUMAR, MR.P.B.KRISHNAN. RESPONDENTS: ------------------------ 1. ITTIACHAN, S/O.PORINCHU, ALAPPATT PALATHINGAL HOUSE, GOSAYIKUNNU DESOM, CHIYYARAM VILLAGE, KURIACHIRA P.O., THRISSUR TALUK. 2. ANNAMMA, W/O.ITTIACHAN, IN DO. DO. 3. FRANKO, S/O.DO. IN DO. DO. 4. MARIYAMMA, W/O.THALAKKOTTOOR VEETTIL ANTHONY MASTER, VYLATHUR DESOM, VADAKKEKAD VILLAGE. 5. DR.THOMAS ALAPPATT, S/O.PORINJU, 9 MANOR DRIVE, WARREN, NEWJERSY, 07059, USA, (DR.THOMAS ALAPPATT, 9 MANOR DRIVE, WARREN, NEWJERSY, 07059, USA). 6. MRS.ALIES PAUL PERINCHERY, BERK FORD AVE, TAMPA, FLORIDA 33625-2403, USA (MRS.ALIES PAUL PERINCHERY, 14910 BERK FOR DAVE, TAMPA-FLORIDA-33625-2403, USA. W.P.(C). NO.11987/2009-O: 7. MRS.FILOMINA, W/O.JOSE, VADAKKETHALA KARUTHEDATH PARAMBIL VEETTIL, VENGINISSERY VILLAGE, PALAKAL DESOM. 8. MRS.ROSAMMA, W/O.PALLAN ANTO, PALLAN HOUSE, CHEROOR DESOM, VIYYUR VILLAGE, THRISSUR TALUK. 9. MR.JOHN ALAPPATT, 38, BRIARWOOD, DEWARDEN, NEWJERSY-07059-6781 USA, (MR.JOHN ALAPPATT, 38 BRIARWOOD DE WARREN NEWJERSY-07059-6781 USA). 10. MRS.BRIJITH VINCENT BABU, 1039 ROBIN COURT GREEN BROOK, NEWJERSY-08812, USA (MRS.BRIJITH VINCENT BABU, 1039 ROHIN COURT GREEN BROOK, NEWJERSY-08812, USA). R1 TO R3 BY ADV. MR.K.G.SARATHKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.11987 of 2009 - O --------------------------------- Dated this the 12th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To set aside the directions issued by the district Court,Thrissur in Ext.P1 for publication of summons and notices to the defendants in O.s.No.661/2008 on the file of the Principal Subordinate Judge's court, Irinjalakkuda by publication. ii) To set aside the direction issued by the District court, Thrissur in Ext.P1 for disposal of O.s.No.661/2008 on the file of the Principal Subordinate Judge's Court, Irinjalakkuda (transferred to Sub Court) within a period of 6 months.” 2. Petitioner is the plaintiff in two suits numbered as 661/2008 on the file of the Principal sub Court, Irinjalakkuda and O.S.No.424/2008 on the file of the Munsiff Court, Irinjalakkuda. In a transfer petition moved by the petitioner for transfer of the case pending on the file of the Munsiff Court, Irinjalakkuda to the Principal Sub Court, Irinjalakkuda for joint trial of the cases, the W.P.(C).No.11987 of 2009 - O 2 learned District Judge passed Ext.P1 order giving some directions as to how service to be effected on some of the defendants in the suit who are outside the country and also fixing an outer limit for trial and disposal of the suit. Impeaching the correctness of the directions so issued as outside the scope of Section 24 of CPC, this writ petition is filed seeking the aforementioned relief invoking the supervisory jurisdiction under Article 227 of the Constitution of India. 3. Having heard the counsel on both sides and also the facts and circumstances presented and the nature of relief sought for by the petitioner in the two suits, one for perpetual prohibitory injunction against defendants from forcefully evicting the petitioner from a building and the other for cancellation of a deed executed by her father in favour of the 1st respondent herein, I find the direction issued by the learned District Judge while disposing the transfer petition cannot be termed as inappropriate and unreasonable. The learned counsel for the petitioner urged for extention of the time limit fixed by the learned District Judge, which expires on 21.8.2009 as even pre- W.P.(C).No.11987 of 2009 - O 3 trial steps could not be completed within that time in compliance with the direction issued in Ext.P1 order for substituted service. I find some merit in the submissions made. So the time limit fixed by the learned district Judge shall stand extended till the closing of the Court on Christmas vacation. In all other respects, the order passed by the learned District Judge under Ext.P1 order is upheld. The writ petition is disposed of as indicated above. Communicate a copy of this judgment to the Principal Sub Court, Irinjalakkuda forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-