IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 OP(C).No. 2951 of 2011(O) ------------------------- OS.202/2007 of I ADDL.SUB COURT, THRISSUR .................... PETITIONER: -------------------- OMANA, AGED 58 YEARS, W/O.P.N.MOHAN KUMAR, ROOM NO.2, DURGA BUILDINGS, MATHA AMRUTHANANDAMAYI MADOM, AMRUTHAPURI, KOLLAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT: --------------- RAMANUNNY, S/O.KOTTIYATTIL VASAVAN, KANNAMKULANGARA DESOM, CHIYYARAM VILLAGE, THRISSUR-680 026. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2951 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1- TRUE COPY OF THE JUDGEMENT DATED 31.10.2008 PASSED BY THE SUB COURT, THRISSUR IN OS.NO.202/2007. EXT.P2- TRUE COPY OF THE COMMISSION REPORT DATED 14.3.2011 FILED BEFORE THE SUB COURT, THRISSUR IN O.S.NO.202/2007. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2951 of 2011 --------------------------------------- Dated this 06th day of September, 2011 JUDGMENT Petitioner is the plaintiff in O.S.No.202 of 2007 of the Court of learned Sub Judge, Thrissur. That is a suit for partition where a preliminary decree has been passed. Application for passing the final decree is pending. Grievance of petitioner is that the final decree is not so far passed and that the case is being adjourned indefinitely. Hence it is prayed that learned Sub Judge may be directed to pass final decree and effectuate the final decree by giving separate possession of the property allotted to the share of petitioner and also cause execution of the document in favour of petitioners as expeditiously as possible, within a period of two months from this day. 2. Learned counsel submitted that the suit was filed in the year, 2007 and so far, the final decree has not been passed. 3. Without understanding the volume of work of the Court concerned, priority for disposal of older cases and the nature of contentions that might emerge in the final decree proceeding, there could be no direction for time bound disposal of the case. I must also bear in mind that the suit is of the year O.P(C).No.2951 of 2011 -: 2 :- 2007. In the circumstances I make it clear that it is open to the petitioner to request learned Sub Judge to expedite the proceeding for passing the final decree and if any such request is made learned Sub Judge shall consider that request having regard to all relevant circumstances. This original petition is disposed of as above. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-