IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 21077 of 2009() ------------------------- OS.381/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): --------------- COMMANDANT BALASUBRAMANIAN MOHAN, AGED 51 YEARS, S/O.OF S.BALASUBRAMANIAN, FLAT NO.302, MANASA APARTMENTS, LOBO LANE, KADRI, MANGALORE. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENT(S): --------------- JOSEPH LAWRENCE RAVINDRAN, AGED 48 YEARS, S/O. OF S.BALASUBRAMANIAN, VILLA NO.23, SKY LINE JADE GARDENS, MINNANGODE P.O., PEYAD, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.21077 OF 2009 (O) ----------------------------------- Dated this the 26th day of August, 2009 J U D G M E N T The writ petition is filed seeking mainly the following relief: i. to pass appropriate interim order directing the court below, viz First Additional Sub Court, Thiruvananthapuram to frame issues in the suit in the light of Ext.P4 draft issues expeditiously and proceed with further steps to facilitate early commencement of trial of the Suit O.S.No.381 of 2008, pending disposal of this writ petition. 2. Petitioner is the plaintiff in O.S.No.381 of 2008 on the file of the First Additional Sub Court, Thrivuananthapuram. Suit is one for money, and the respondent is the defendant. The only relief canvassed is for issue of a writ, direction or order to the court below for an expeditious disposal of the WPC.21077/09 2 suit. A report from the court below was called for to ascertain whether the suit is ripe for trial, and if so, the time required for its disposal. Notice was also ordered to the respondent. Petitioner was also permitted to serve notice on the counsel appearing for the respondent in the court below. It is submitted that notice has been served on the counsel for the respondent. Report has been received from the learned Sub Judge, Thiruvananthapuram, in whose court the case is pending. Having regard to the report received, I find the writ petition can be disposed of and need not await for service to be completed against the respondent. The case now stands posted for settling of issues on 15.9.2009. Having regard to the nature of the suit, which is one for recovery of money, I find a time limit of six months will be sufficient for its disposal. The learned Sub Judge is directed to dispose the suit as expeditiously as possible, giving it top priority in hearing, after giving reasonable opportunity to both sides to lead evidence in support of their respective case, at any rate, within a period of six months from the date of receipt of a copy of this judgment. With the above direction, this writ petition is WPC.21077/09 3 disposed. Send a copy of the judgment to the court concerned forthwith. S.S.SATHEESACHANDRAN JUDGE prp