IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 18169 of 2010(O) -------------------------- AS.69/2010 of DISTRICT COURT,TRIVANDRUM OPSUC.3/2010 of MUNSIFF COURT,NEDUMANGAD .................... PETITIONERS: --------------- 1. KASIM KUNJU, S/O.ALIYARUKUNJU, AGED 81 YEARS, BLOCK NO.103, KOLLAYIL P.O., MADATHARA, PERINGAMALA VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. 2. LATHEEFA BEEVI, W/O.KASIM KUNJU, AGED 74 YEARS, BLOCK NO.103, KOLLAYIL P.O., MADATHARA, PERINGAMALA VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: --------------- 1. THE CHAYAM SERVICE CO-OPERATIVE BANK LTD.NO.1514, HEAD OFFCE, CHETTACHAL, VACHUR P.O., REP.BY ITS SECRETARY, THIRUVANANTHAPURAM DISTRICT. 2. THE PALODE SERVICE CO-OPERATIVE BANK LTD.NO.792, PALODE, KARIMANCODE P.O., BRANCH IQBAL COLLAGE REP.BY ITS BANK MANAGER. 3. SABIR, S/O.LATE JAFARUDEEN, MINOR, AGED 14 YEARS, T.S.PALACE, KULATHUPUZHA P.O., KOLLAM DISTRICT. 4. SABIN, S/O.LATE JAFARUDEEN, MINOR, AGED 6 YEARS, T.S.PALACE, KULATHUPUZHA P.O., KOLLAM DISTRICT. 5. SHEEBA, T.S.PALACE, KULATHUPUZHA P.O., KOLLAM DISTRICT. 6. THE STATE BANK OF TRAVANCORE MADATHARA BRANCH, REP.BY ITS MANAGER THIRUVANANTHAPURAM. 7. THE TAHSILDAR, TALUK OFFICE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. 8. THE VILLAGE OFFICER, VILLAGE OFFICE, PERINGAMALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No. 18169 of 2010 --------------------------------------- Dated this 11th day of June, 2010 JUDGMENT Dispute between the parties is as to the entitlement of amount allegedly belonging to the deceased Jafarudeen, son of petitioners and father of respondent Nos.3 and 4. He died on 14- 09-2006. Respondent No.5, claiming to be widow of said Jafarudeen and guardian of respondent Nos.3 and 4, her minor children filed a petition in the court of learned Sub Judge, Nedumangad for the issue of a Succession certificate. Petitioners who are parents of the deceased Jafarudeen were impleaded as respondents in that case. Petitioner No.1 claiming to be the legal guardian of respondent Nos.3 and 4 filed petition in the local Munsiff's court seeking same relief and impleading respondent Nos.3 and 4 also as petitioners represented by petitioner No.1. Learned Munsiff as per order dated 13-01-2010 accepted contention of petitioner No.1 that Jafarudeen had divorced respondent No.5 on 31-12-2005 and issued Succession certificate to petitioner No.1 for and on behalf of respondent Nos.3 and 4. Learned Sub Judge as per order dated 22-01-2010 found that respondent Nos.3 and 4 are in the care and custody of respondent W.P.C.No.18169 of 2010 : 2 : No.5 and hence she is entitled to get Succession certificate. That order is under challenge at the instance of petitioners in A.S.No.69 of 2010 of the court of learned District Judge, Thiruvananthapuram. Petitioners have preferred this writ petition seeking disbursement of portion of the amount belonging to them and for an early disposal of the appeal. Learned counsel submits that petitioners are aged and that an early disposal of the case is necessary. 2. In the light of conflicting decisions and disputed facts I am not inclined to give any direction for disbursement of the amount in deposit. That should await decision of the appropriate court. However I direct learned District Judge to expedite disposal of A.S.No.69 of 2010 if preliminary steps in the appeal are over. Writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-