In this petition filed under Article 227 of the Constitution of India, the only prayer sought for is for a direction to dispose of O.S.No.31/2014 on the file of Sub Court, Manjeri. 2. The petitioners are plaintiffs in O.S.No.31/2014 which is a suit for mandatory injunction directing the respondents to remove the underground tanks from the property and also for damages. The petitioners point out that the Bank from whom they have taken loan has initiated SARFAESI proceedings and are proceeding for realisation of the amount. It is also pointed out that unless the 1st respondent removes its structures, the petitioners will not be able to sell the property and meet the amount due to the Bank. For that purpose, suit was filed seeking mandatory injunction. It is further pointed out that written O.P.(C) No.2286/2014 2 statement has been filed and the matter is ripe for trial. In the light of various developments, it is pointed out that it is absolutely necessary that the suit be disposed of at the earliest. The petitioners pray that further proceedings by the Bank for realisation of the amount may be kept in abeyance.
3. As far as the relief with regard to disposal of the suit at the earliest is concerned, the 1st respondent has no objection. The relief sought for as against the Bank cannot be granted for the simple reason that Bank is not a party. It is pointed out that there has been various proceedings in which this Court has issued specific direction for making payment with default clause. In the light of the fact that the petitioners have already taken proceedings with regard to the payment due to Bank, no relief can be granted.
However, this petition is disposed of with a direction to the Sub Court, Manjeri to take up O.S.No.31/2014 at the earliest and dispose of it on merits in accordance with law preferably by including in the December 2014 list, at any rate, within a period of six months from the date of receipt of a copy of this judgment.
O.P.(C) No.2286/2014 3 The petitioners are given liberty to take steps as are available to them with regard to the payments so due.
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P.BHAVADASAN JUDGE smp