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L.A. XAVIER D'CRUZ versus P.B. SIVADAS, PANIKKASSERY VEEDU

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L.A. XAVIER D'CRUZ v. P.B. SIVADAS, PANIKKASSERY VEEDU - WP(C) No. 17803 of 2006(T) [2006] RD-KL 455 (10 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17803 of 2006(T)

1. L.A. XAVIER D'CRUZ, PROPRIETOR,
... Petitioner

Vs

1. P.B. SIVADAS, PANIKKASSERY VEEDU,
... Respondent

2. JUSTIN, PANIKKASSERY VEEDU,

3. SADASIVAN, PANIKKASSERY VEEDU,

4. T.M. KUMARAN, MADHVAS,

5. G. JAGANNADHAN, ARCHANA,

6. SELVARAJ @ KALLIYIL SIVAN,

For Petitioner :SRI.P.BABU KUMAR

For Respondent :SRI.VARGHESE C.KURIAKOSE

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :10/08/2006

O R D E R

K. PADMANABHAN NAIR,J

W.P.(C). NO. 17803 OF 2006

Dated this the 10th day of August 2006



JUDGMENT

The petitioner in Writ Petition is the plaintiff in O.S. No. 726/04 on the file of the Munsiff's Court, Neyyattinkara. The petitioner filed this Writ Petition for a direction to the court below to dispose of I.A.No. 1572/2006 filed in O.S.726/2004 under Order 9 Rule 9 for restoration.

2.Heard the counsel for the respondents. The counsel for the respondents submits that the sole purpose of this writ petition is to harass the respondents by filing the petition stating that the Writ Petition is pending before this Court.

3.After hearing both sides I am of the view that Writ Petition can be closed with a direction to the Munsiff to consider and dispose of I.A. 1572/2006 in O.S. 726/04 as expeditiously as possible after making the same ripe for trial at any rate, within two months from the date of receipt of the copy of this judgment if necessary by suo motu advancing the same after giving notice to both sides. Writ Petition is closed as above. K. PADMANABHAN NAIR,

JUDGE.

RV/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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