R.JAYACHANDRAN Vs. SUDARSANAN NAIR

JUDGEMENT

(1.) THE petitioner is the plaintiff in O.S.No.244 of 2009 on the file of the Court of the Subordinate Judge of Attingal. The respondent is the defendant therein. The suit instituted by the petitioner is one for realisation of the sum of 28,84,000/ - from the defendant. In this original petition filed under Article 227 of the Constitution of India the petitioner prays for an order directing the trial court to dispose of the suit expeditiously.

(2.) PURSUANT to the order passed by this Court on 22.11.2013 the Presiding Officer, Sub Court, Attingal has submitted a report dated 27.11.2013. It is stated that O.S.No.224 of 2009 was filed on 7.9.2009 for realisation of money, that attachment ordered was effected on 10.9.2009, that the defendant entered appearance through power of attorney holder on 18.1.2010 and filed his written statement on 3.7.2010, that in the meanwhile on 17.3.2010 two claim petitions were filed by Sri.Mohanan Nair and Smt.Meenakumari for lifting the attachment, that the petitions now stand posted for evidence on 5.12.2013. The Presiding Officer has also sought six months time to try and dispose of the suit. A copy of the B -Diary has also been forwarded along with the report. The B - Diary discloses that the defendant filed his written statement on 6.7.2000. Though nearly three years have passed thereafter, till date issues had not been framed. In such circumstances, I am of the opinion that the court below should endevour to try and dispose of the suit expeditiously. I accordingly dispose of the original petition with a direction to the Court of the Subordinate Judge of Attingal to hear and dispose of the claim petitions filed by Sri.Mohanan Nair and Smt.Meenakumari in O.S.No.244 of 2009 expeditiously and in any event within one month from 5.12.2013 and to try and dispose of the suit expeditiously and in any event within six months from 5.12.2013.