THOMMEN JOSEPH v. BRAHMAGIRI 'B' ESTATE
Case at a glance
- Decided
- 03 Mar 2009
- Bench
- M SASIDHARAN NAMBIAR, P A M SASIDHARAN NAMBIAR
Outcome
Disposed of
circumstances, writ petition is disposed of directing Principal
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 22. Relying on Ext.P3 copy of the B diary learned counsel appearing for petitioner submitted that the petitions were heard and posted for orders to 4.10.2004 and then reopened and posted again for orders on 6.1.2005 and then again reopened and posted for arguments and…
Judgment
BY ADV. MR. MATHEW JOHN (K) MR. AJEESH K.SASI RESPONDENT: --------------- BRAHMAGIRI 'B' ESTATE REP.BY ITS PARTNER MICHAEL VAN INGEN S/O.BOTHA VAN INGEN, 'THE LAND' MYSORE-570019. ADV. MR. E.NARAYANAN MR. SRINATH GIRISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).5278/2009 PETITIONER'S EXHIBITS:- APPENDIX EXT.P1:- A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE PRL. SUB COURT, KOZHIKODE EXT.P2:- A TRUE COPY OF THE PETITION FILED BYTHE RESPONDENT DT. 1.7.03 EXT.P3:- A TRUE COPY OF THE DIARY MAINTAINED BY THE PRL.SUB COURT, CALICUT EVIDENCING THE DATE OF POSTING OF THE CASE. RESPONDENT'S EXHIBITS:- NIL Okb - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- W.P(C).No.5278 OF 2009 -------------------------------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T This petition is filed under Article 227 of Constitution of India for a direction to Principal Sub Court, Kozhikode to pass final orders in Exts.P1 and P2, the petitions filed under section 17 and 30 of the Arbitration Act. The case of the petitioner is that Exts.P1 and P2 proceedings are pending before Principal Sub Court, Kozhikode from 2003 onwards and there should be a direction to the Sub Court to expedite the proceedings. Learned counsel appearing for respondent submitted that respondent has no objection for giving a direction to dispose Exts.P1 and P2 expeditiously.
Operative part
Relying on Ext.P3 copy of the B diary learned counsel appearing for petitioner submitted that the petitions were heard and posted for orders to 4.10.2004 and then reopened and posted again for orders on 6.1.2005 and then again reopened and posted for arguments and are not being disposed. In such circumstances, writ petition is disposed of directing Principal WP(C).5278/2009 2 Sub Court, Kozhikode to dispose Exts.P1 and P2 proceedings as expeditiously as possible and in any event within three months from the date of a copy of this judgment. M. SASIDHARAN NAMBIAR, JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: circumstances, writ petition is disposed of directing Principal
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Kerala High Court, on 03 Mar 2009. The bench was M SASIDHARAN NAMBIAR, P A M SASIDHARAN NAMBIAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.