IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29088 of 2009(O) -------------------------- OS.573/2008 of MUNSIFF COURT, PATHANAMTHITTA .................... PETITIONER: --------------- AMMINI AGED 51,THAZHATHUMURIYIL CHITTKADA VEEDU,VENMONY VILLAGE ALLAPUZHA DIST. BY ADV. MR.PHILIP M.VARUGHESE RESPONDENTS: --------------- 1. CHERIAN VARGHESE, S/O. VARGHESE, MAMUTTIL HOUSE, KAIPPATTUR MURIYIL, VALLIKKODU VILLAGE,PATHANAMTHITTA DIST. 2. M.G.KOSHI, MAMMUTTIL HOUSE, KAIPPATTUR MURIYIL, VALLIKKODE VILLAGE,PATHANAMTHITTA DIST. 3. THANKAMMA BABY, W/O. BABY, VILAYIL JOVILLA HOUSE, KULANADA MURIYIL, KAIPPUZHA NORTH, KULANADA VILLEGE, PATHANAMTHITTA DIST. 4. MONCY CHERIAN,S/O.CHERIAN VARGHESE, MAMMUTTIL HOUSE, KAIPPATTUR MURIYIL, VALLIKKODU VILLEGE, PATHANAMTHITTA DIST. 5. CHIEF MANAGER, STATE BANK OF TRAVANCORE, PANTHALAM P.O., PANTHALAM, PATHANAMTHITTA DIST. MR.SATHISH NINAN, SC FOR SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.29088 of 2009 - O --------------------------------- Dated this the 15th day of October, 2009 J U D G M E N T Writ petition is filed seeking the following reliefs: “i) To issue a writ of mandamus or appropriate writ, direction or order and direct the Munsiff Court, Pathanamthitta to dispose off O.S.No.573/2008 on the files of Munsiff Court, Pathanamthitta.” ii) To issue a writ of mandamus or appropriate writ, direction or order to the 5th respondent to incorporate in sale proclamation, regarding the pendency of the suit o.S.No.573/2008 in the Munsiff Court, Pathanamthitta and also the conviction and sentence of the chief manager of the 5th respondent by the CBI Court.” 2. Petitioner is the plaintiff in O.S.No.573 of 2008 on the file of the Munsiff Court, Pathanamthitta. Suit is one for partition, and respondents are the defendants. Writ petition is filed seeking issue of a writ, order or directions to the court below to dispose the suit expeditiously. 3. I heard the counsel for the petitioner. W.P.(C).No.29088 of 2009 - O 2 4. Having regard to the submissions made and taking note of the facts and circumstances presented, I find the petitioner has to invite the attention of the court below by filing a proper applicat6ion as to why an expeditious disposal of the suit is warranted. If any such application is filed by the petitioner, the court below shall consider it on merits and dispose it after hearing both sides. Subject to the above observations, writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-