IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 1806 of 2009(S) ------------------------- OS.460/2002 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- NIRMALA FERNANDEZ, AGED 55 YEARS, D/O. JOSEPH, SHALOM VEEDU, PUNNATHALA CHERRY, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): --------------- LEEN FERNANDEZ, AGED 69 YEARS, RESIDING AT THUNDU PURAYIDOM (INFANT JESUS), NEAR L.P.S. THOPPU, KOLLAM -6, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. -------------------------------------------- W.P.(C) NO. 1806 of 2009 ---------------------------------------------- DATED:MARCH 6, 2009. JUDGMENT Raman, J. O.S.No.460/2002, which is a suit for partition originally filed before the Sub Court, was transferred to the Family Court on its formation. A decree had been passed earlier on 14.11.2003 and final decree application is pending. Notice could not be served on the counter petitioner since he was abroad. However, on the request of the petitioner, affixture is ordered and the case posted to 27.3.2009. In the circumstances, if service is complete by the time the matter comes up for hearing and nothing further remains to be considered, the Family Court may proceed to take further steps such as appointment of an advocate commissioner for preparing the plan and measuring the property and then dispose of the matter finally as expeditiously as possible and at any rate, within six months from today. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-