IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 3647 of 2010(O) ------------------------------------- (O.S. NO. 367/1983 OF PRINCIPAL SUB COURT, ERNAKULAM) ......... PETITIONER: ------------------- ANEESH, AGED 27 YEARS, S/O.LATE SASI, PALLISSERY PARAMBU, EDAPPALLY. BY ADV. MR.N.K.MOHANLAL. RESPONDENTS: ----------------------- 1. BHARGAVY, W/O.RAGHAVAN VALLIYARA, D/O.NARAYANAN, PALLISSERY PARAMBU, PALLURUTHY, KOCHI. 2. RADHA, D/O.PALLISSERY NARAYANAN, W/O.VASU, PETAYIL HOUSE, PALARIVATTOM. 3. SARASU, D/O.PALLISSERY NARAYANAN, W/O.KUNJAN BAVA, PATTUMARAPARAMBIL, CHALIKKAVATTOM DESOM. 4. VALSALA MANOHARAN, W/O.MANOHARAN, MANKUZHITHUNDIYIL HOUSE, THAIKOODAM DESOM, POONITHURA VILLAGE. 5. SAROJINI ASOKAN, W/O.ASOKAN, KALARIYATH HOUSE, CHALIKKAVATTOM DESOM, EDAPPALLY SOUTH VILLAGE. 6. SATHEESAN, S/O.SACHIDANANDAN, NEELAMURI HOUSE, MARADU DESOM, MARADU VILLAGE. W.P.(C). NO.3647/2010-O: 7. SUMANGALA PANKAJAKSHAN, MAKAKKUNDI HOUSE, MARADU DESOM, MARADU VILLAGE. 8. SANTHOSH, S/O.SACHIDANANDAN, NEELAMURI HOUSE, POONITHURA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 3647 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2010. JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking for a direction to dispose of Ext.P4 petition, namely, E.A.76 of 2010 filed by the petitioner. 2. The suit was one for partition and separate possession. The respondents had 4/6 share in the plaint schedule property. The plaint schedule property consists of 10 cents with a building therein. In the final decree proceedings the amount payable by the petitioner was Rs. Six Lakhs and that had to be paid within six months, failing which the defendants will have the right to get the decree executed by sale of the plaint schedule property and realize the decree amount with interest at 6% per annum. Petitioner points out that as per Ext.P2 petition WPC. 3647/2010. 2 an amount of Rs. Eleven Lakhs was deposited to satisfy the direction in the decree. For no particular reason, the matter is getting adjourned and the amount is lying in deposit and this is causing injury and hardship to him. He therefore prays for an early disposal of the matter. 3. This court has called for a report from the Presiding Officer concerned and the report has been filed. It is stated that while the petitioners had deposited the amount, the respondents are insisting for a sale and a lot of commotion is made whenever the case called in court. 4. The court below ought to consider whether sale of the property is inevitable. Copy of the decree is made available for perusal. Petitioner says that he had deposited the amount, and if that be so, there is no reason why the matter should be dragged on. Therefore, there will be a direction to the court below to dispose of the matter as expeditiously as possible WPC. 3647/2010. 3 at any rate within one month from the date of receipt of a copy of this judgment. P. BHAVADASAN, JUDGE sb.