SAIFUDEEN Vs. BIJU RAMESH

JUDGEMENT

(1.) THE limited prayed in this original petition is for a direction to the First Additional Sub Court, Thiruvananthapuram to take up and dispose of IA Nos.8769/09, 1545/11 & 1546/11 in OS No.1343/09 as expeditiously as possible and dispose of the same within a time frame to be fixed by this court.

(2.) THE petitioner has instituted OS No.1343/09 before the Sub Court, Thiruvananthapuram, seeking a declaration and for various other reliefs. He is the owner of 27.5 cents of land in the heart of Thiruvananthapuram city. He constructed a marriage auditorium therein, which was let on rent to conduct marriages. He had availed of a loan of Rs.20 lakhs from the Kerala Financial Corporation for furnishing the auditorium in 2002. He defaulted in repayment of the amount and revenue recovery steps were OPC 1081/112 initiated against him by the financial institution. While so, the first respondent approached him offering to lend him the amount required to pay off the debt due to the financial institution. THE plaintiff thus borrowed a total amount of Rs.23 lakhs from the first respondent on the security of a sale deed executed by the plaintiff, transferring the plaint schedule property to the first defendant. THE petitioner continued to let the auditorium on rent. THE present allegation is that the first respondent is attempting to transfer the property to his name and is creating mischiefs and causing trouble to him. Whatever that be, the petitioner has filed Ext.P2 petition in OS No.1343/09 as early as on 18.11.2009. THE complaint is that even after the lapse of one year, the court below is not passing orders on the said petition. It is pointed out that the petitioner has also filed IA Nos.1545/11 and 1546/11 seeking injunction and also to advance the case to an early date. But, no orders are passed on those two petitions also. He therefore, prays that there may be a direction to the Sub OPC 1081/11 3 Court, Thiruvananthapuram to take up the IA numbers mentioned above and dispose of the same as expeditiously as possible.