SHEBIN ABDUL Vs. GEORGE K. GEORGE

JUDGEMENT

(1.) The defendants came up under Article 227 of the Constitution for an early disposal of the suit and Ext.P4 petition. The dispute is pertaining to construction of a residential building and the plaintiffs are the contractors and the defendants are the owner of the building and the property. The plaintiffs claim an amount of Rs.9,94,395.00 as per the statement of account appended to the plaint from the defendants.

(2.) The defendants, in turn, filed their written statement by raising a counter claim for Rs.9,72,900.00. The agreement is to construct the building as per the approved plan for Rs.57,21,000.00. The partly constructed building now lying exposed to rain and bad climate for the last two years and has suffered considerable damages. Hence, Ext.P4 petition was submitted for permitting the defendants to continue with the building construction and to complete the same. At the instance of defendants, a commissioner was appointed to value the cost of construction and its stage with the assistance of a qualified Engineer. They visited the property and prepared Mahazar and report. Hence, there is no legal impediment in permitting the defendants to complete the construction of the building, otherwise, it would cause heavy damages on account of the destruction of the partly constructed building due to heavy rain and bad climate. Hence, it deems necessary to issue direction to the trial court to hear and dispose of Ext.P4 petition within a time schedule of two weeks from today and ordered accordingly. Since this petition is for early disposal of the suit and the petition, notice to the respondents is dispensed with. There will be a further direction to the trial court to expedite the disposal of the suit within a time schedule of nine months from the next posting date.