IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 OP(C).No. 2658 of 2011(O) --------------------------------- OS.187/2011 of MUNSIFF COURT, THIRUVALLA .................... PETITIONER -------------- THANKAMMA, 65 YEARS, W/O.CHELLAPPAN, MALAYIL PADINJARETHIL HOUSE, OTHERA EAST P.O., ERAVIPEROOR VILLAGE, THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.N.N.SASI RESPONDENT(S): --------------------- SANTHAKUMARAN, 55 YEARS, AZHAKEDETHU HOUSE, THRIKANNAPURAM MURI, KOIPPURAM VILLAGE, TIRUVALL TALUK, PATHANAMTHITTA DISTRICT, PIN 689 531. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2658/2011 APPENDIX PETITIONER'S EXHIBITS: P1: RELEVANT PORTION OF PARTITION DEED NO.1694/97 OF S.R.O. MENNIKULAM DATED 27/10/97. P2: TAX RECEIPT NO.0681001 DATED 28/12/2010 OF KOLPPURAM VILLAGE. P3: COPY OF PLAINT IN O.S. NO/187/2011 OF MUNSIFF COURT, THIRUVALLA. P4: COPY OF WRITTEN STATEMENT IN O.S. NO.187/2011 DATED 23/05/2011. P5: COPY OF I.A. NO.2045/2011 IN O.S. NO.187/2011 OF MUNSIFF COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2658 of 2011 ==================================== Dated this the 12th day of August, 2011 J U D G M E N T Petitioner is the first defendant in O.S. No.187 of 2011 of the court of learned Munsiff, Thiruvalla. That is a suit filed by the respondent for fixation of boundary. According to the petitioner, respondent, her brother filed the suit at a time when petitioner was hard pressed for money and she wanted to sell her property. It is pointed out by learned counsel that parties claimed right over the respective property belonging to them as per Ext.P1, partition deed. Prayer is to fix boundary between the properties of respondent and petitioner. 2. Petitioner filed written statement in answer to the plaint claim. She has filed I.A No. 2045 in the court below for appointment of a survey commission to measure the property and fix the boundary so that suit could be disposed of as early as possible. Learned counsel pointed out the difficulties petitioner is experiencing since she has to sell the property to meet expenses in connection with the higher studies of her daughter. If preliminary steps in the suit are over and I.A. No.2045 of 2011 is O.P(C) No.2658 of 2011 -: 2 :- ripe for hearing, learned Munsiff has to expedite disposal of that application. Resultantly, Original Petition is disposed of directing learned Munsiff, Thiruvalla to expedite disposal of I.A No.2045 of 2011 having regard to the grievance of petitioner, if steps are otherwise complete and application is ripe for hearing. THOMAS P. JOSEPH, JUDGE. vsv