C.K VIJAYAN Vs. PRADEEP P V

JUDGEMENT

(1.) The original petition is filed, inter alia, to direct the Court of the Principal Subordinate Judge, Ernakulam, to grant the petitioner one week's time to commence the trial in the suit.

(2.) The concise case of the petitioner in the original petition is that, he is the first defendant in the above suit, which has been filed by the first respondent. The respondents 2 to 4 are the other defendants in the suit. The petitioner's property was attached by the first respondent. The said order was challenged before this Court in FAO No.65/2019. By Ext P3 judgment, this Court disposed of the appeal by directing the court below to dispose of the suit itself within three months from 15/11/2022. There was a change in the counsel for the petitioner. When the suit was listed for trial, the petitioner filed IA No.4/2023, to remove the suit from the list. But, the court below rejected the application. Even though the petitioner challenged the order before this Court in OP(C)No.348/2023, by Ext P4 judgment, this Court dismissed the original petition. Subsequently, the petitioner filed IA No.1/2023 in FAO No.65/2019 for extension of the time period. By Ext P5 order, the time period to dispose of the suit has been extended by one month. Thereafter, the petitioner filed IA No.6/2023, to remove the case from the list. The court below, by the impugned Ext P7 proceedings, has rejected Ext P6 application. Ext P7 proceedings is unreasonable and unjust. Hence the original petition.

(3.) Heard; Sri.P.T Sheejish, the learned counsel appearing for the petitioner and Sri.Peeyus A Kottam, the learned counsel appearing for the first respondent. Since the respondents 2 to 4 are sailing with the petitioner, notice to them was dispensed with.