IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 OP(C).No. 3586 of 2011(O) -------------------------------- AS.114/2010 of SUB COURT, PAYYANNUR ......................................................... PETITIONER: --------------------- K.A.CHANDY, S/O.AUGUSTINE, KADUKANMACKAL, PALAVAYAL P.O., CHERUPUZHA, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): ------------------------ P.T.THOMAS, S/O.THOMAS, PUNCHATHARAPEL HOUSE, RESIDING AT KARUVANCHAL, VELLAD VILLAGE, THALIPARAMBA, KANNUR DISTRICT - 670141. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU OP(C).No. 3586 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT-P1. TRUE COPY OF THE JUDGMENT IN O.S.NO.103/2008 DATED 28.5.2009 OF THE MUNSIFF'S COURT, PAYYANNUR. EXHIBIT-P2. TRUE COPY OF THE ORDER IN I.A.NO.814/2009 IN O.S.NO.103/2008 OF THE MUNSIFF'S COURT, PAYYANNUR. EXHIBIT-P3. TRUE COPY OF THE FINAL JUDGMENT IN O.S.NO.103/2008 DATED 21.7.2010. EXHIBIT-P4. A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE RESPONDENT IN A.S.NO.114/2010 OF THE SUBORDINATE JUDGES COURT, PAYYANNUR. EXHIBIT-P5. A TRUE COPY OF THE ORDER IN I.A.1311 OF 2010 IN A.S.NO.114 OF 2010 STAYING THE EXECUTION OF THE DECREE AND JUDGMENT IN O.S.NO.103 OF 2008. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3586 of 2011 ==================================== Dated this the 04th day of November, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.103 of 2008 of the court of learned Munsiff, Payyannur. That is a suit for recovery of possession of the building with rent arrears. It is submitted that initially there was an ex parte decree which respondent got set aside and thereafter learned Munsiff recorded evidence and passed Ext.P3, decree in favour of the petitioner. Respondent has challenged that decree in A.S. No.114 of 2010 in the court of learned Sub Judge and has obtained stay of execution of the decree. Petitioner claims that he is aged 60 years and has not got rent for the last several years. Petitioner prays for a direction to the learned Sub Judge for early disposal of the appeal. 2. The appeal is of the year, 2010. Without understanding the volume of work of the court concerned and priority for disposal of older cases I do not consider it proper or necessary to issue a direction for time bound disposal of the appeal. It is open to the petitioner to bring his grievance to the notice of learned Sub Judge and request for an early disposal of the appeal. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv