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. 10944 of 2010(O) -------------------------- OS.122/2009 of ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONER(S): --------------- V.C.CHERIYAN, S/O.CHACKO, AGED 61 YEARS, VATTUKULATH, C.M.C.30, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENT(S): --------------- 1. AMMINI ANTONY, W/O.ANTONY, MENACHERILPADAVATHU, CHENNAMANGALAM P.O., NORTH PARAVUR. 2. SUNNY CHACKO, S/O.NARAYANAN, VATTUKULAM, CMC 26, CHERTHALA NORTH MURI, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE. 3. BETTY PAULOSE, THACHIL HOUSE, THYKKATTUKARA P.O., ALUVA. 4. PENNAMMA @ PHILO ANTO, ALANGAD VEEDU, NEAR CHRIST COLLEGE, IRINJALAKUDA P.O. 5. KUNJUMOL @ ELIZEBETH ABRAHAM, KIZHAKKETHALAYKKAL, KALTHOTTY P.O., AYYAPPANKOVIL, IDUKKY DISTRICT. 6. TOMY V.C., VATTUKULAM, CMC 26, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE. 7. VINCENT V.C., VATTUKULAM, CMC26, CHERTHALA NORTH MURI, CHETHALA NORTH VILLAGE. 8. VARGHESE V.C., VATTUKULAM, CMC 26, CHERTHALA NORTH MURI, CHERTHALA NORTH VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------- W.P (C) No.10944 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 Addl. Munsiffs Court, Cherthala to take up O.S No.122/2009 and dispose the same within a specified time limit. 2. Petitioner instituted O.S No.122/09 before the Additional Munsiffs Court, Cherthala. The suit was one for partition. Copy of the plaint is produced as Ext.P1. Defendants 1,2,3 and 5 remained ex parte. Fourth defendant filed a written statement admitting the 1/9th share of the parties. Copy of the written statement filed is produced as Ext.P2. Defendants 6 to 8 filed a written statement to the same effect. It is therefore pointed out that the claim of 1/9th share made in the plaint is admitted by all the parties to the suit. All that the court below to do was to pass a decree declaring the shares of the parties in view of Order XII Rule 6 of Code of Civil Procedure, instead sent the matter to the Adalath for settlement. No result could be achieved in the Aadalath and the matter W.P (C) No.10944 of 2010 2 came back to the court. On the petitioner's application, the posting of the case was advanced and the case was posted for issues on 19.6.2010. Petitioner points out that in the light of the written statement filed by the contesting defendants, a preliminary decree had to be passed in the said case. But the court below is adjourning the case without adhering to the procedural requirement. Regarding the issues involved in the case, there is no justification in the court below and posted the case for issues on 19.6.2010. 3. In the light of the order that is proposed to be passed, it is felt that notice to respondents is unnecessary 4. Considering the averments in the writ petition,there is no jurisdiction in simply adjourning the case for settling the issues. On the materials on record, it appears that there is no dispute regarding the shares of the parties. The request made by the petitioner seems to be just and reasonable. Petitioner, who is a senior citizen, is entitled to have disposed the case, at the earliest. W.P (C) No.10944 of 2010 3 4. In the result, there will be a direction to the Addl. Munsiffs Court Cherthala to take up O.S 122/09 and dispose it of on merits, within one month 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.10944 of 2010 4 W.P (C) No.10944 of 2010 5