IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 8104 of 2010(O) -------------------------------------- AS.58/2005 of SUB COURT,KOTTARAKKARA .................... PETITIONER(S): PLAINTIFF ------------------------ PARUKUTTY AMMA, AGED 70 YEARS, D/O.PONNAMMA, SURVAR SADANAM, ALAYAMON MURI AND VILLAGE. BY ADV. MR.P.HARIDAS RESPONDENT(S): DEFENDANTS ------------------------- 1. S.RAMACHANDRAN NAIR, AGED 64 YEARS, S/O.SANKARAN PILLAI, THENGUVILA VEEDU, THAZHAMEL MURI, ANCHAL VILLAGE. 2. OMANA AMMA, AGED 58 YEARS, D/O.AMMUKUTTY AMMA, P.N.S.MANDIRAM, ALAYAMON MURI AND VILLAGE. 3. MAHESH, AGED 47 YEARS, S/O.KUTTAPPAN NAIR,P.N.S.MANDIRAM, ALAYAMON MURI AND VILLAGE. 4. RAJESH, AGED 36 YEARS, S/O.KUTTAPPAN NAIR,P.N.S.MANDIRAM, ALAYAMON MURI AND VILLAGE. 5. SURESH, AGED 33 YEARS, S/O.KUTTAPPAN NAIR,P.N.S.MANDIRAM, ALAYAMON MURI AND VILLAGE. 6. ABOOBACKER, AGED 61 YEARS, S/O.AHAMMED PILLAI, SHAJI MANZIL, VAYYANAM P.O., KEEZHTHONI MURI, ITTIVA VILLAGE. 7. SABU, AGED 37 YEARS, S/O.ABOOBACKER, SHAJI MANZIL, VAYYANAM P.O., KEEZHTHONI MURI, ITTIVA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 8104 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010. JUDGMENT In this writ petition filed under Article 227 of the Constitution of India, the petitioner seeks a direction to the Sub Court, Kottarakkara to take up A.S.58 of 2005 and dispose it off as expeditiously as possible. 2. The suit was one for partition. Preliminary decree was passed on 26.6.2003. Subsequently an application for passing final decree was filed. Commissioner went to the property and allotted shares. No objection was filed to the Commission report and final decree was passed on 18.12.2004. That final decree is challenged in A.S.58 of 2005. 3. Petitioner says that she is an aged person and the appeal being of the year 2005, there may be a direction to dispose of the same at the earliest. It is also WPC. 8104/2010. 2 stated that the point involved is a narrow one and an expeditious decision is absolutely necessary. 4. In the nature of the order that is sought to be passed in this writ petition, notice to the respondents is unnecessary. 5. Considering the averments made in the petition, there will be a direction to Sub Court, Kottarakkara to take up A.S. 58 of 2005 forthwith and dispose it off as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. P. BHAVADASAN, JUDGE sb.