JAYAKUMAR Vs. SHERIFA BEEVI

JUDGEMENT

(1.) PETITIONER is involved in three proceedings pending in the court of learned Sub Judge, Thiruvananthapuram - O.S.Nos.1093 of 2008, 161 of 2010 and L.A.R.No.451 of 2008. According to the petitioner, he purchased 7 cents and shop rooms in the year 1997 from one Sudhakaran Nair and the shop rooms were occupied by tenants all of whom except one Haneefa (predecessor-in-interest of respondents) vacated the shop rooms. While so, 0.75Ares was acquired from the property belonging to the petitioner for widening of the road and in connection with that, reference has been made under Section 31(2) of the Land Acquisition Act based on which reference Court registered a case as L.A.R.No.451 of 2008. Amount awarded by the Land Acquisition Officer is now in deposit. In O.S.No.1093 of 2008 Haneefa (he died later) claimed a declaration of his possessory right over the entire property. In O.S.No.161 of 2010 relief sought by the said Haneefa is for a decree for prohibitory injunction. Learned counsel contends that since there is no much progress in the suits and land acquisition reference case the amount to which petitioner is entitled is lying in deposit without any interest. In L.A.R.No.451 of 2008 respondents have filed Ext.P9, application for impleadment and petitioner has filed Ext.P10, application to permit him to withdraw the amount in deposit on furnishing security. Learned counsel states that petitioner has undertaken to furnish sufficient security for the withdrawal of amount. Exts.P11 and P12, applications are also pending consideration before the learned Sub Judge. Hence a direction is sought for early disposal of the suit.

(2.) SO far as O.S.No.161 of 2010 is concerned, I am told that pre-trial steps are over and in O.S.No.1093 of 2008 all the parties have not entered appearance. Learned Sub Judge is directed to take necessary steps to expedite the proceedings in the suit. In the meantime learned Sub Judge is also directed to dispose of Exts.P11 and P12, applications in L.A.R.No.451 of 2008 at the earliest. This petition is disposed of accordingly.