NUJUMUDEEN Vs. R.V. SURESH KUMAR

JUDGEMENT

(1.) RESPONDENTS appeared through counsel. Received report from the learned Ist Additional District Judge, Mavelikara. By Ext. P12, judgment dated 01 -12 -2011 in O.P. (C). Nos 3179 and 3725 of 2011, this Court issued directions to the learned Ist Additional District Judge, Mavelikara in the matter of C.M. -Appeal Nos. 28 and 34 of 2011 and some Interlocutory Applications pending for disposal in the said appeals.

(2.) GRIEVANCE of petitioner is that in compliance of the said directions, the C.M. appeals and applications are not so far disposed of. Learned counsel submits that in the meantime, petitioner filed I.A. No. 210 of 2012 in C.M. A. No. 28 of 2011 seeking permission of learned Additional District Judge for construction of building on the strength of undertaking made by petitioner. It is submitted that the application has not so far been disposed and on that account, petitioner is suffering huge loss due to the delay in completion of construction. Learned counsel submitted that an application for early posting filed by petitioner was dismissed.

(3.) IN the light of that report of learned Additional District Judge, I am not going in depth into the reasons for delay in the disposal of C.M. Appeals. But, I would like to remind the learned Additional District Judge that the application for early posting should have alerted him of the need for early disposal. I leave that matter there. So far as disposal of I.A. No. 210 of 2012 referred above is concerned, it is open to the petitioner to request learned Additional District Judge to dispose of the said application as well, as early as possible, if necessary, before disposal of the appeals and if any such to request is made, learned Additional District Judge shall consider it and pass necessary orders on such request. This original petition is disposed of directing learned Ist Additional District Judge, Mavelikkara to comply with the directions in Ext. P12 judgment (dated 01 -12 -2011 in O.P.C. Nos. 3179 and 3725 of 2011) and dispose of the C.M. Appeals, as reported by the learned Additional District Judge before expiry of the month of June, 2012 and, without fail.