IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 OP(C).No. 2218 of 2011(O) -------------------------------- AGAINST THE ORDER DATED 16/09/2008 IN IA.1739/2008 IN OS.3/2008 of SUB COURT, VADAKARA .................... PETITIONER/6TH RESPONDENT: -------------------------------------- KOUSALYA, D/O.KRISHNA KURUP, SAKME HOUSE, POST ERANHIPALAM, KOZHIKODE-6. BY ADVS. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): PETITIONER/RESPONDENT NO.2 TO 4, 5 & 7 AND PETITIONER IN I.A. NO.424/2010. ------------------------------------------------------------------------- 1. JAYACHANDRAN, S/O.KRISHNA KURUP, 403, EDEN III A, HIRANANDINI GARDEN, POWAI, MUMBAI-400 076. 2. RADHAKRISHNAN, S/O.KRISHNA KURUP, GAYATHRI HOUSE, OORALUNGAL AMSOM, POST MADAPALLY COLLEGE, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 102. 3. REMA, D/O.KRISHNA KURUP, KIZHAKKAYIL HOUSE, CHORODE AMSOM, NELLIAMKARA DESOM, POST CHORODE, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 506. 4. SULOCHANA, D/O.KRISHNA KURUP, KALAYAMTHULATH HOUSE, VILAYATTOOR, ELAMBILAD AMSOM, POST IRINGAL, VIA PAYYOLI ANGADI, MEPPAYUR, KOZHIKODE DISTRICT, PIN-673 521. svs ..........2/-... ...2... O.P.C. NO.2218/2011 5. SUJA.K, D/O.KRISHNA KURUP,HAREKRISHNA NIWAS, KIZHAKKE THERUVAMPADIKKAL,OST MUCHUKUNNU, P KOYILANDY, KOZHIKODE DISTRICT, PIN-673 307. 6. SREELAKSHMI, D/O.REMA, AGED 12 YEARS, (MINOR), KIZHAKKAYIL HOUSE, CHORODE AMSOM, NELLIYANKARA DESOM, POST CHORODE, REPRESENTED BY NEXT FRIEND RAGHUNATH.V, S/O.KANARAN KIDAVU, AGED 50 YEARS, RESIDING AT KIZHAKKAYIL, CHORODE AMSOM, NELLIYANKARA DESOM,VATAKARA TALUK,KOZHIKODE-673506 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2218/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DECREE IN O.S.3/2008, ON THE FILE OF THE SUB COURT, VADAKARA. P2: COPY OF THE SAID FINAL DECREE I.A. NO. 1739/2008 IN O.S. NO.3/2008 ON THE FILE OF THE SUB COURT, VADAKARA. P3: COPY OF THE SAID I.A. NO. 1271/2009 IN O.S. NO.3/2008 ON THE FILE OF THE SUB COURT, VADAKARA. P4: COPY OF THE I.A. NO. 424/2010 IN O.S. NO.3/2008 ON THE FILE OF THE SUB COURT, VADAKARA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2218 of 2011 -------------------------------------- Dated this the 12th day of July, 2011. JUDGMENT Petitioner is the fifth defendant in O.S.No.3 of 2008 of the court of learned Sub Judge, Vadakara. That is a suit for partition. Preliminary decree was passed on 16.09.2008. I.A.No.1739 of 2008 for passing final decree is pending. Petitioner wants an early disposal of that application and seeks a direction to the learned Sub Judge to that effect. 2. It is seen that in the meantime a third party claiming right over the share of plaintiff in the suit property as per a Will has entered appearance and is agitating the matter. Without understanding the stage of proceeding, volume of work of the court concerned and the further steps that are required to be taken, it is not appropriate for this Court to direct any time bound disposal of I.A.No.1739 of 2008 (Ext.P2). But, it is open to the petitioner to request learned Sub Judge, Vadakara to expedite the proceeding. If any such request is made learned Sub Judge shall consider the request and pass appropriate orders. The Original Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks