IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10890 of 2010(O) ------------------------------------- OS.24/2005 of ADDL.SUB COURT, PALAKKAD .................... PETITIONER(S): ----------------------- R.KRISHNAKUMAR, S/O.RAMACHANDRAN, AGED 49 YEARS, VALIYAVEEDU, THEKKEPAVADI, KOLLENGODE NO.I VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADVS. MR.BINOY VASUDEVAN MR.R.MANIKANTAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------- 1. RAJAGOPAL, S/O.SIVARAMA MUTHALIYAR, AGED 69 YEARS, NO.43, 7TH EAST, MAIN ROAD, GANDHI NAGAR, KATPADI, VELLUR, NORTH ARCOT DISTRICT, TAMILNADU,637 211. 2. SABARI RAJAN, S/O.RAJAGOPAL, AGED 42 YEARS, NO.43, 7TH EAST, MAIN ROAD, GANDHI NAGAR, KATPADI, VELLUR, NORTH ARCOT DISTRICT, TAMILNADU 637211. 3. VIJAYA MURUGAN, S/O.SIVARAMA MUTHALIYAR, AGED 39 YEARS, NO.43, 7TH EAST, MAIN ROAD, GANDHI NAGAR, KATPADI, VELLUR, NORTH ARCOT DISTRICT, TAMILNADU, 637211. 4. SUNDARA RAJAN, S/O.SIVARAMA MUTHALIYAR, AGED 67 YEARS, VALIYAVEEDU, THEKKEPAVADI, KOLLENGODE NO.I VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT 672 031. W.P.(C) NO.10890/2010 5. RAVISANKAR, S/O.SUNDARA RAJAN, AGED 42 YEARS, VALIYAVEEDU, THEKKPAVADI, KOLLENGODE NO.I VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT 672 031 6. SENTHILKUMAR, S/O.SUNDARA RAJAN, AGED 37 YEARS, VALIYAVEEDU, THEKEPAVADI, KOLLENGODE NO.I VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT 672 031 7. VISALAKSHI, W/O.T.P.NATESSAN, AGED 72 YEARS, NO.4, VEERARAGHAVA MUTHALIYAR STREET, THIRUCHINKKODE P.O., MANAKKAL DISTRICT, TAMIL NADU-637 211. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------- W.P (C) No.10890 of 2010 -------------------------- Dated this the 30th March, 2010 J U D G M E N T Limited prayer in this writ petition is for a direction to the Sub Court, Palakkad to dispose of the final decree proceedings as per I.A No.150/2009 in O.S No.24/2005 pending before the Said Court. 2. O.S No.24/2005 was suit for partition. An ex parte preliminary decree was passed. Later, the 6th respondent filed a petition for setting aside the ex parte decree and the same was allowed. Subsequently the defendants were set ex parte and preliminary decree was passed on 15.10.2008. A copy of the decree is produced as Ext.P1. Petitioner filed I.A No.150/2009 for passing a final decree. A copy of the application is produced as Ext.P2. Notice was issued on the said application and the case was posted to 4.3.2009. On that day the case was again adjourned and a direction has been given to the counsel for the petitioners to serve notice to the counsel for the contesting defendants and the matter was adjourned to 8.3.2009. Later, a commission was appointed and the W.P (C) No.10890 of 2010 2 matter was adjourned to 24.7.2009 for commission report. He did so. The contention of the petitioner is that nothing more happened thereafter and he is aggrieved by the delay in passing the final decree. The request made by the petitioner is for a direction to dispose of the final decree, as expeditiously as possible. It is to be noticed that preliminary decree was ex parte and the petitioner had within a reasonable time filed an application for final decree. There is no reason as to why the commissioner should not carry out the order issued to him and there is no reason as to why the matter is kept pending. In the light of the order that is sought to be passed, notice to respondents is not necessary. Considering the averments, it is felt that the prayer is just and reasonable. In the result, there will be a direction to the Sub Curt, Palakkad to complete the final decree proceedings in .O.S No.24/2005 within three months from the date of re-opening of the courts after summer vacation. The Writ Petition is disposed of, as above. P.BHAVADASAN, JUDGE ma W.P (C) No.10890 of 2010 3 W.P (C) No.10890 of 2010 4