IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 16300 of 2007(M) -------------------------- AS.5/2007 of PRL.SUB COURT,TRIVANDRUM OS.2049/1987 of PRL.M.C.,TRIVANDRUM .................... PETITIONERS: 1. THANKAMMA SOUDAMINI, PARAVILAKATHUTHATTU PUTHEN VEEDU,THOZHICHAL DESOM, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM, NOW RESIDING AT VARUTHATTU PUTHEN VEEDU,BEACH ROAD KOVALAM,THIRUVALLAM VILLAGE,THIRUVANANTHAPURAM TALUK. 2. PADMANABHA PANICKER SURENDRAN,AGED 55 YEARS, PARAVILAKATHUTHATTU PUTHEN VEEDU,THOZHICHAL DESOM, THIRUVALLAM VILLAGE,THIRUVANANTHAPURAM,NOW RESIDING AT VARUTHATTU PUTHEN VEEDU, BEACH ROAD, KOVALAM, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM TALUK. 3. THANKAMMA SOBHANAKUMARI, RESIDING AT PARAVILAKATHU PUTHEN VEEDU, THOZHICHAL DESOM, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM. 4. KRISHNAN SUMADATHAN, RESIDING AT PARAVILKATHU PUTHEN VEEDU, THOZHICHAL DESOM, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.VADAKARA V.V.N.MENON SRI.T.N.SUKUMARAN NAIR RESPONDENT: CHELLAMMA, D/O. BHAGEERATHI, RESIDING AT PARAVILA PUTHEN VEEDU, HARBOUR ROAD, THOZHICHAL DESOM,THIRUVALLAM VILLAGE THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 16300 of 2007 ========================== Dated this the 26th day of September, 2008. JUDGMENT The petitioners who are defendatns 2 to 7 in a suit for partition filed in the year 1987, challenge Ext.P13 interim order dated 02.03.2007 passed by the Sub Judge, Thiruvananthapuram dismissing the Ext.P11 petition for stay of all further proceedings in the final decree court. In the appeal filed by the petitioners as A.S. No. 5 of 2007 against the final decree passed in the suit, the lower appellate court having admitted the first appeal, should have taken the appeal itself for final hearing and disposed of the same instead of rendering the appeal infructuous by dismissing the stay petition. Accordingly, Ext.P13 interim order is set aside and the Principal Sub Judge, Thiruvananthapuram is directed to dispose of A.S. No. 5 of 2007, after hearing both sides as expeditiously as possible and at any rate within three months of receipt of a copy of this judgment. Until the disposal of the said appeal, the petitioner shall not be dispossessed from the property. This writ petition is disposed of as above. Dated this the 26th day of September, 2008. V. RAMKUMAR, JUDGE. rv