IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).NO. 20173 OF 2010(O) ------------------------------------------ PETITIONER(S): ---------------------- 1. M.A.KUNJU, S/O.ABDUL RAHMAN KUNJU, VARAVILA KUTTIYIL HOUSE, KAPPIL EAST MURI, KRISHNAPURAM VILLAGE. 2. FATHIMA BEEVI, D/O.ABDUL RAHMAN KUNJU, KOHINOOR, CHIRAKKADAVAM MURI, KAYAMKULAM VILALGE. BY ADV. SMT.S.JASMINE RESPONDENT(S): --------------------------- JEBY N.JUNG, D/O.NAZER JUNG, PUTHENPARAMBIL, PUTHENVEETTIL, MUTTAMBALAM, KANJIKUZHI, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.20173 of 2010 ==================================== Dated this the 29th day of June, 2010 J U D G M E N T Petitioners are defendants in O.S.No.44 of 2007 of the court of learned Sub Judge, Mavelikkara. Respondent filed the suit for partition and separate possession of her half share in the suit property. According to the petitioners remaining half share is belonging to them and since they did not ask for such relief in the suit, the preliminary decree only directed partition and separate possession of only half share due to the respondent. Thereafter petitioners filed an application - I.A. No.1202 of 2009 to allot their share to them. Respondent did not resisted that application. That application was posted on 28.5.2010. Since petitioners are W.P(C) No.20173 of 2009 -: 2 :- aged 79 and 81 years respectively and wanted to get possession of their share of property filed I.A.No.73 of 2010 to advance the hearing of I.A.No.1202 of 2009. But that application was dismissed stating that I.A.No.1202 of 2010 is posted to a near date. On 18.5.2010 that application was posted to 17.6.2010 and then to 20.7.2010. Hence this Writ Petition for issuing a direction to learned Sub Judge, Mavelikara to expedite disposal of I.A.No.1202 of 2010. Having regard to the facts and circumstances stated I direct learned Sub Judge, Mavelikara to dispose of I.A.No. 1202 of 2009 as early as possible and at any rate within two months from the date of receipt of a copy of this judgment. W.P(C) No.20173 of 2009 -: 3 :- Writ Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv