The petitioners are the plaintiffs in a suit brought under Section 92 of the Code of Civil Procedure before the Sub Court, Irinjalakkuda. Pending the application filed by them under Section 92 of the Code of Civil Procedure for leave they approached the District Court, Thrissur as Vacation Court with I.A.No.1451/2014 for an early hearing and disposal of the application filed under Section 92 of the Code of Civil Procedure. Finding that there was no urgency, the District Judge ordered the matter to be placed before the Regular Court, after vacation.
2. Aggrieved by the said order dated 21.4.2014 in I.A.No.1451/2014, they seek a direction from this Court under Article 227 of the Constitution of India for an expeditious disposal of the application filed by them under Section 92 of the Code of Civil Procedure.
3. In the nature of the disposal, I feel it is not necessary to issue notice to the other side. Of course when O.P(C) No.1120 of 2014 2 leave to sue is applied for under Section 92 of the Code of Civil Procedure, the trial court will have to hear and dispose of the matter at the earliest. It is submitted that the plaint was presented before the trial court on 11.4.2014. It appears that there is some urgency, and that is why the plaintiffs seek an early hearing and disposal of the matter.
4. Anyway, the Vacation Court cannot be directed to dispose of the application filed under Section 92 in the present circumstances. It will suffice that the trial court is directed to hear and dispose of the application filed under Section 92 of the Code of Civil Procedure, without delay, after vacation. With such a direction to the trial court this Original Petition can be closed.
In the result, this petition is closed with direction to the trial court (Sub Court, Iringalakkuda) to hear and dispose of the application filed by the petitioners under Section 92 of the Code of Civil Procedure, at the earliest, after vacation.
Sd/- P.UBAID JUDGE ab