This is a petition filed under Article 227 of the Constitution of India, seeking a direction to the II Additional Munsiff's Court, Neyyattinkara to dispose of Ext.P4 Commissioner application pending in I.A. No.4294/14 and dispose of it on merits at the earliest as possible.
2. There are two suits pending as O.S. No.366/2014 and O.S. No.367/2014. Both the suits have been filed for permanent prohibitory injunction and to set aside the sale deed. The petitioner contended that I.A. No.4294/2014 was filed for issuance of a commission. It has been heard, posted for trial and orders has not been passed on the petition. According to the petitioner, there is absolute necessity to obtain a commission report for the proper disposal of the suit. Hence, it is submitted that there may be direction to the court below to dispose of that Interlocutory Application.
3. In the nature of the order, notice on respondents is not necessitated.
O.P. (C) No.2750/2014 2
4. Going by the averments in the original petition, there were several postings for the Interlocutory Application and the last occasion, it stood posted to 16.01.2015.
This original petition is disposed of directing the II Additional Munsiff Court, Neyyattinkara to dispose of I.A. No.4294/2014 in O.S. No.366/2014 and dispose of it on merits and in accordance with law, as expeditiously as possible, within a period of two weeks from the date of receipt of a copy of this judgment.
Sd/-
P. BHAVADASAN, JUDGE.
//true copy// St/-
P.S. To Judge