RAJAN R. Vs. SHEEJA, MURALI AND PUSHPADAS

JUDGEMENT

(1.) The petitioner is the plaintiff in O.S. No. 86 of 2008 on the file of the Court of the Additional Subordinate Judge-I, Thrissur. Respondents 1 and 2 herein are the defendants in the said suit. The suit instituted by the petitioner is one for fixation of the boundary separating the properties belonging to the plaintiff and the defendants and for other reliefs. The first respondent had instituted O.S. No. 480 of 2007 in the Court of the Munsiff of Wadakkanchery for a permanent prohibitory injunction against the petitioner herein restraining him from trespassing into the property scheduled to the plaint. That suit was later transferred to the Court of the Additional Subordinate Judge-I, Thrissur where it was taken on file and re-numbered as O.S. No. 1019 of 2010. The first respondent had instituted yet another suit, O.S. No. 1505 of 2011 in the Court of the Additional Subordinate Judge-I, Thrissur for a decree correcting the mistake regarding the survey number in his document of title. The petitioner herein and his brothers and sisters are the defendants in that suit. In this original petition the petitioner seeks an order directing the Additional Subordinate Judge-I, Thrissur to dispose of the three suits expeditiously. The respondents have entered appearance through counsel. Pursuant to an order passed by this Court the Registry had called for a report from the Court of the Subordinate Judge of Thrissur as regards the time frame within which O.S. Nos. 86 of 2008, 1019 of 2010 and 1505 of 2011 can be tried and disposed of. The Presiding Officer has reported that though O.S. No. 86 of 2008 and O.S. No. 1019 of 2010 (which was originally filed as O.S. No. 480 of 2007 in the Court of the Munsiff of Wadakkanchery) are ripe for trial, issues have not yet been framed in O.S. No. 1505 of 2011. The Presiding Officer has reported that if the parties cooperate and take required steps without delay, issues can be framed in O.S. No. 1505 of 2011 and it can be made ready for trial within a month and the suits can be tried and disposed of within four months after issues are framed in O.S. No. 1505 of 2011. The learned counsel appearing for the petitioner and the respondents submitted that all the parties are eager to have the suits disposed of at the earliest.