The limited prayer in this petition is for a direction to the Sub Court, Irinjalakuda to take up O.S.468 of 2012 and dispose of the same as expeditiously as possible.
2. Petitioner is the defendant in O.S. 468 of 2012 pending before the Sub Court, Irinjalakuda. The suit is one for cancellation of a sale deed on the allegation that it was obtained by fraud, misrepresentation and undue influence. It was pointed out that he had filed the written statement and all steps are complete and the suit is ripe for hearing. The petitioner before this Court questions the maintainability of the suit and the jurisdiction of the court to try the suit. It is submitted that even though a preliminary objection has been raised, the suit is being adjourned from time to time and the petitioner is put to irreparable injury by the act of the court OP.(C). 2353/2014.
2 and a finality should be reached to the suit at the earliest.
3. In the light of the order that is proposed to be passed in this Original Petition, it appears that notice to the respondent is unnecessary.
This Original Petition is disposed of directing the Sub Court, Irinjalakuda to take up O.S. 468 of 2012 pending before it and dispose it of in accordance with law on merits after hearing both sides as expeditiously as possible, at any rate within a period of seven months from the date of receipt of a copy of this judgment.
P. BHAVADASAN, JUDGE sb.