IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 36083 of 2009(O) -------------------------- OP(ARB.)267/2008 of VI ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONER(S): --------------- SANTHOSH KUMAR B., AGED 39 YEARS, S/O.BALAKRISHNAN, KRISHNALAYA, BOSE NAGAR, KOCHI. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): --------------- 1. SRIRAM TRANSPORT FINANCE COMPANY LTD., 40/786, CHITTOOR ROAD, ERNAKULAM - 682 011 REPRESENTED BY ITS BRANCH MANAGER. 2. T.A.JOSEPH, AGED 52 YEARS, S/O.ANTONY, KATHRIKADAVU, KALOOR, C.B.I ROAD, ERNAKULAM, KERALA - 682 017. 3. GRACY ANTONY, AGED 44 YEARS, D/O.ANTONY, KATHRIKADAVU, KALOOR, C.B.I ROAD, ERNAKULAM, KERALA - 682 017. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.36083 OF 2009 -------------------------------- Dated this the 15th day of December 2009 ---------------------------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Direct the Hon'ble VI Additional District Court, Ernakulam to consider and pass orders on Ext.P1 within a time frame fixed by this Hon'ble Court or in the alternative direct the Principal District Court, Ernakulam to consider and pass orders on Ext.P1, after recalling Ext.P1 from Hon'ble VI Additional Court, Ernakulam, within a time frame fixed by this Hon'ble Court. ii) Issue such other order this Hon'ble Court deem fit and proper in the above matter. Iii) Order cost in this proceeding. 2. Petitioner is a third party in O.P(Arb.) No. 267 of 2008 on the file of VI Additional District Court(Wakf Tribunal) Ernakulam. Grievance espoused by the petitioner in the writ petition is that an application filed by him to review the order passed in the above O.P which had been disposed by the court on 13/06/2008 is adjourned from time W.P.(C).No.36083 OF 2009 Page numbers to time by the court in view of the observation made by this court while disposing a transfer petition that it will not be proper to transmit a petition filed under Section 9 of the Arbitration Act from the District Court to the Wakf Tribunal. Ext.P1 is the copy of the application moved by the petitioner for review of the order passed in the O.P seeking his impleadment as additional 3rd respondent in the original petition. 2. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the District Judge to hear and dispose Ext.P1 application in accordance with law, as expeditiously as possible. I make it clear that I am not expressing any opinion on the merits of the petition filed by the petitioner for reviewing the order disposing the O.P and also for his impleadment in the O.P. Hand over a copy of the judgment to the counsel appearing for the petitioner and also send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE