IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 OP(C).No. 3674 of 2011(O) -------------------------------------- AS.32/2006 OF SUB COURT, ATTINGAL .................... PETITIONER: -------------------- LEELA @ REESA, AGED 64 YEARS, MAIDUE, NEAR PANCHAYATH OFFICE, ATTINGAL. BY ADV. SRI.V.SURESH, SRI.G.SUDHEER. RESPONDENT(S): -------------------------- 1. SATHYABHAMA, WIFE OF RAGHAVAN, KP IX/428, CHITTATTUMUKKU, KADINAMKULAM VILLAGE, 695 001. 2. TILAKAN, SON OF RAGHAVAN, KP IX/428, CHITTATTUMUKKU, KADINAMKULAM VILLAGE, 695 001. 3. SIDHARTHAN, SON OF RAGHAVAN, KP IX/428, CHITTATTUMUKKU, KADINAMKULAM VILLAGE, 695 001. 4. CHITHARANJAN, SON OF RAGHAVAN, SANTHA BHAVAN, KADINAMKULAM, CHITTATTUMUKKU, 695 001. 5. DETHAN, SON OF RAGHAVAN, SANTHA BHAVAN, KADINAMKULAM, CHITTATTUMUKKU, 695 001. 6. SAHEJA, DAUGHTER OF SATHYABHAMA, KP IX/1428, KADINAMKULAM, CHITTATTUMUKKU, 695 001. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3674 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.S. NO.415/1988 DATED 30/10/2005 OF THE MUNSIFF COURT, ATTINGAL. EXT.P2: COPY OF THE MEMORANDUM OF APPEAL FILED BY THE RESPONDENTS BEFORE THE SUB COURT, ATTINGAL. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3674 of 2011 -------------------------------------- Dated this the 14th day of November, 2011. JUDGMENT Petitioner is the 1st respondent in A.S.No.32 of 2006 of the court of learned Sub Judge, Attingal arising from the judgment and decree of learned Munsiff, Attingal in O.S.No.415 of 1988. Petitioner obtained a decree for recovery of possession of the property. It is submitted that the original defendant in the suit claimed kudikidappu in the trial court which was referred to the Land Tribunal and found against. The legal representatives who preferred the appeal, it is submitted are claiming title by adverse possession. It is submitted that petitioner who is aged about 64 years filed I.A.No.450 of 2010 to advance hearing of the appeal and the learned Sub Judge has pleased to allow the application on 10.03.2010. Now the appeal is posted on 15.03.2012. It is submitted that the suit is of the year, 1988 and the appeal itself is filed in the year, 2006. 2. Now that the appeal is posted on 15.03.2012, it is open to the petitioner to file application before the learned Sub Judge for advancing hearing of the appeal. Since the suit is of the year, 1988 and the appeal is filed in the year, 2006, it is sufficiently old so that the appeal could be disposed of as early as possible. Hence it is directed that if any application for advancing OP(C)No.3674/2011 2 hearing of the appeal is preferred, learned Sub Judge shall dispose of that application in the light of the observations made above. With the above direction, this Original Petition is disposed of. THOMAS P.JOSEPH, Judge. cks