IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26248 of 2009(O) --------------------------------------- [AS.NO. 36/2009 IN AS.37/2009 OF ADDL.SUB COURT,KOTTAYAM] .................... PETITIONER/ RESPONDENT: ----------------------------------------- P.V.JOSEPH, AGED 83 YEARS, S/O.LATE VARGHESE, PATHARAMCHIRA NEDUMPARAMBIL HOUSE, THRIKKODITHANAM, KOTTAMURI P.O., CHANGANACHERRY. BY ADVS. MR.RINNY STEPHEN CHAMAPARAMPIL, SMT.ASHA ELIZABETH MATHEW. RESPONDENTS/ APPELLANT: ------------------------------------------- 1. JESSYMOL, PATHARAMCHIRAYILAGE, NEDUMPARAMBIL, THRIKKODITHANAM KARA, KOTTAMURI P.O., CHANGANACHERRY TALUK. 2. N.M.JOSHIMON, PATHARAMCHIRA NEDUMPARAMBIL, THRIKKODITHANAM, CHANGANACHERRY TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26248 OF 2009 -------------------------- Dated this the 17th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a direction to the Additional Sub Court, Kottayam to hear and dispose of A.S No.36 of 2009 (A.S No.83 of 2006) and A.S No.37 of 2009 (A.S No.84 of 2006) expeditiously within a specific time frame to be fixed by this Hon'ble Court. ii) Pass such other orders as this Hon'ble Court may deem fit to grant in the circumstances of the case. 2. Petitioner is the respondent in two appeals, A.S No.36 of 2009 and A.S No.37 of 2009 pending on the file of the Additional Sub Court, Kottayam. The appeals had been previously numbered W.P.(C).No.26248 OF 2009 Page numbers on the file of the District Court, Kottayam as A.S No.83 of 2006 and 84 of 2006 and on transfer to the Additional Sub Court renumbered as above, submits the counsel. Two suits jointly tried, in which the petitioner was the plaintiff in one suit and defendant in the other suit were disposed by a common judgment against which the two appeals have been preferred and now pending before the Additional Sub Court. Suit filed by the petitioner was decreed in his favour and the suit of the first respondent, it is submitted, was dismissed. Petitioner is stated to be a senior citizen aged 83 years. He seeks an expeditious hearing and disposal of the appeals. Having regard to the fact that the appeals had been filed nearly three years earlier before the District Court but later transferred to the Additional Sub Court and renumbered as indicated above, I find the request of the petitioner deserves consideration. In the W.P.(C).No.26248 OF 2009 Page numbers given facts of the case, I find no notice to the respondents is necessary and it is dispensed with. I direct the learned Additional Sub Judge to give top priority in the hearing of the appeals and dispose it expeditiously, but, after giving reasonable opportunity to both sides to address arguments in support of their respective case, at any rate, before the closing of the courts for the Christmas vacation. Writ petition is disposed as above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv