Kerala High Court
R.Krishna Pillai vs T.G.Das on 1 January, 2013
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 1ST DAY OF JANUARY 2013/11TH POUSHA 1934
OP(C).NO. 4555 OF 2012 (O)
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I.A.NOS.5114 & 5115 OF 2010 IN OS.876/2010,
SECOND ADDITIONAL SUB COURT, KOLLAM
PETITIONER(S):
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R.KRISHNA PILLAI,
KALPANA HOUSE,
CHENTHAPUCHERI,
THRIKKOVILVATTOM VILLAGE,
KOLLAM.
BY ADVS.SRI.R.KRISHNA RAJ
SMT.E.S.SONI
RESPONDENTS:
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1. T.G.DAS,
SHAJI BHAVAN,
VADAKKEKKARA CHERY,
THRIKKADAVOOR VILLAGE,
KOLLAM,
PIN - 691 001.
2. SHAJI,
MARIYA GARDENS,
MATTATHU CHERY,
THRIKKADAVOOR VILLAGE,
KOLLAM,
PIN - 691 001.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01-01-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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O.P(C) No.4555 of 2012
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Dated this the 01st day of January, 2013
J U D G M E N T
Petitioner is the plaintiff in O.S. No.876 of 2010 of the Sub Court, Kollam for specific performance of an agreement for sale allegedly executed by the respondents. According to the petitioner, he had filed I.A. Nos.5114 and 5115 of 2010 in the said suit to restrain alienation of the property and for impleadment. But neither the suit nor the applications has so far been disposed of. Hence this Original Petition for appropriate direction.
2. Learned counsel submitted that since the property is being transferred it is causing inconvenience and difficulties to the petitioner.
3. Without understanding the volume of work of the court concerned and priority for disposal of older cases there could be no direction for early disposal of the suit. However, since the applications for injunction and impleadment are pending, the learned Sub Judge has to dispose of the same as early as possible.
The Original Petition is disposed of directing the learned Sub Judge, Kollam to dispose of I.A. Nos.5114 and 5115 of 2010 in O.S. O.P(C) No.4555 of 2012 -: 2 :- No.876 of 2010 as early as possible having regard to the grievance of the petitioner. It is made clear that it is open to the petitioner to request the learned Sub Judge to dispose of the suit itself and if any such request is made, the learned Sub Judge shall consider that request as well.
THOMAS P. JOSEPH, JUDGE.
vsv