ARAMKOTTAKKAL PRABHAKARAN NAIR Vs. EDOTHKANDY C BHAYISWAMI

JUDGEMENT

(1.) THIS writ petition is filed to quash Ext.P4 order and to grant the prayer in Ext.P3 and to dispose of Ext.P5 application. It is seen that the plaintiff moved an application before the trial court as I.A.1176/06 to remove the case from the list. It was disallowed by the court and Ext.P4 application was consequentially dismissed. It is available from the proceedings paper that as I.A.1176/06 dismissed, plaintiff's case was also dismissed with the cost of defendant. So there cannot be any further life for Ext.P4. It is seen that the plaintiff has filed an application for restoration and it is pending before the trial court and as directed by me the registry has contacted with the concerned court and found out that the said application I.A.1321/06 is posted for production of paper publication and it is posted to 14-2-2007. Therefore, in the fitness of things it is only just and equitable to direct the learned Munsiff to dispose of I.A.1321/06 after service is complete on merits. Writ petition is disposed of accordingly.