IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7422 of 2009(O) ------------------------------------ IN IA 2755/08 IN AS.70/2006 of SUB COURT, TIRUR .................... PETITIONER(S): ---------------------- CHANDRAN, S/O.SANKARAN @ SANKU, PALATHOTTIL HOUSE, MOOCHIKKAL, KATTIPPARUTHI AMSOM, VALANCHERRY DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------- 1. VALANCHERRY THODUVIL SUDHAKARAN, S/O.PALATHOTTIL RAVUNNI, KATTIPPARUTHI AMSOM, VALANCHERRY DESOM, TIRUR TALUK. 2. SASIDHARAN, S/O.PALATHOTTIL RAVUNNI, KATTIPPARUTHI AMSOM, VALANCHERRY DESOM, TIRUR TALUK. 3. USHA, D/O.PALATHOTTIL RAVUNNI, KATTIPPARUTHI AMSOM, VALANCHERRY DESOM, TIRUR TALUK. 4. ACHUTHAN, S/O.PALATHOTTIL RAVUNNI, KATTIPPARUTHI AMSOM, VALANCHERRY DESOM, TIRUR TALUK. 5. SUBRAMANIAN, S/O.PALATHOTTIL RAVUNNI, KATTIPPARUTHI AMSOM, VALANCHERRY DESOM, TIRUR TALUK. 6. CHINNA, KANNANKULANGARA HOUSE, NEAR G.L.P.SCHOOL, BIYYAM, PONANI TALUK, MALAPPURAM DISTRICT. WP(C).No. 7422 of 2009(O) 7. PADMINI, D/O.SANKARAN, BHAVANA HOUSE, M.M.C.COLONY, KUTTIPPURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 8. NALINI, D/O.SANKARAN, VALANCHERY THODIKA HOUSE, V.K.KADAVU ROAD, KANNANNUR AMSOM DESOM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.7422 of 2009 --------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioner is the 4th defendant in O.S.No.313 of 2002 on the file of the court of the Munsiff of Tirur. The suit was for partition. A preliminary decree was passed. The petitioner and others challenged the preliminary decree in A.S.No.70 of 2006 on the file of the Sub Court, Tirur. In that appeal, the learned counsel for the petitioner submits, a stay was granted staying passing of the final decree. However, the appeal was dismissed for default on 11.11.2008. The petitioner filed I.A.No.2755 of 2008 for restoration of the appeal. That application is not disposed of so far. The final decree proceedings are going on. The anxiety of the petitioner is that there is likelihood of the final decree being passed before the disposal of the application for restoration of the appeal. The prayer made by the petitioner is to issue a direction to the Sub Court, Tirur to consider and pass appropriate orders in I.A.No.2755 of 2008 in A.S.No.70 of 2006. There is also a prayer to stay the final decree proceedings in the meanwhile. It is submitted that the application for restoration WPC No.7422/2009 2 stands posted to 2.4.2009. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Sub Court, Tirur to dispose of I.A.No.2755 of 2008, as expeditiously as possible and at any rate before closure of the court for summer vacation. It is submitted that in the final decree proceedings, the Commissioner has filed the report. There is no likelihood of the final decree being passed before the closure of the court for summer holidays. If it were to happen, the petitioner would be free to approach the final decree court and apprise about the subsequent developments and apply for appropriate orders. The petitioner shall serve a copy of this judgment to the counsel appearing for the respondents before the appellate court for their information. K.T.SANKARAN, JUDGE csl