The limited prayer in this petition under Article 227 of the Constitution of India is for a direction to the Sub Court, Neyyattinkara to take up A.S. S164 of 2010 pending before it and dispose of it on merits.
2. The petitioner is the first defendant in the suit. The suit was dismissed by the trial court and appeal was filed by the plaintiffs. This Court is informed that there is a status quo order passed by the lower appellate court. On violation of that order, the petitioner herein moved applications for necessary reliefs. Even though there were number of postings of the applications, no orders have been passed on the applications. Finally fed up with that exercise, the petitioner moved the court below for hearing of the appeal on merits. That attempt has been failed. Therefore, the petitioner is constrained to approach this Court.
O.P.(C).2481/2014.
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3. In the light of the above facts, it is felt that appropriate direction be issued.
4. In the nature of the order that is proposed to be passed in this petition, it is felt that notice to the respondents is unnecessary.
In the result, this Original Petition is allowed and Sub Court, Neyyattinkara is directed to take up A.S. 164 of 2010 and dispose it of as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment provided it is ripe for hearing.
P. BHAVADASAN, JUDGE sb.