K E GEORGE Vs. K K REGHU

JUDGEMENT

(1.) THIS petition is filed under Article 227 of Constitution of India for a direction to Sub Judge, Kochi to dispose Ext.P2 application filed under Order XLI Rule 5 (2) of Code of Civil Procedure and stay the execution of the order in I.A.568/06 in O.S.288/05. Learned Sub Judge has reported that though Ext.P2 application was heard and posted for orders, it was found that it is necessary to hear respondent before pronouncing the order and therefore notice was ordered and Ext.P2 application stands posted to 8/2/2007. Learned Sub Judge is directed to dispose Ext.P2, as expeditiously as possible and at any rate on the next posting day. Ext.P1 order does not show that petitioner shall personally appear before learned Munsiff. In such circumstance, I do not find any necessity to issue direction to dispense with the appearance as sought for. Writ petition is disposed.