IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 1739 of 2009(F) ------------------------------------------ AS.12/2008 of PRINCIPAL SUB COURT, ATTINGAL OS.132/2006 of MUNSIFF COURT,VARKALA .................... PETITIONER: ARUNDHATHI, D/O.SEKHARAN, AGED 78 YRS, VENMANAKAL HOUSE,VELLATTUMPADAM ROAD, THRIKKAKKARA, KOCHI FROM THITTAYIL VEEDU, VAKKOM DESOM AND VAKKOM VILLAGE, TRIVANDRUM DIST. BY ADV. SRI.VAKKOM N.VIJAYAN SRI.R.SURESH SMT.V.RENJU SMT.REENA C.STEPHENSON SMT.REMITHA M.A. SRI.ANIYAN P. RESPONDENTS: 1. RADHAMANI, D/O.ARUNDHATHI, AGED 54 YRS, VENMANAKKAL HOUSE,VELATTUMPADAM ROAD, THRIKKAKKARA POST, KOCHI. 2. SASANKAN, S/O.SUKUMARAN, AGED 50 YRS, PUTHEN VEEDU, NEAR MUKKALUVATTOM TEMPLE, VAKKOM DESOM, VAKKOM (POST),TRIVANDRUM DIST. 3. SOBHANA, D/O.ARUNDHATHI, AGED 46 YRS, PULIYANA HOUSE, NEAR KESAVANMASH HOUSE, N.A.D.ROAD, L.B.S.(NEAR) ,KALAMASSERI.P.O, ALUVA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.1739 of 2009 F -------------------------- JUDGMENT Petitioner is the plaintiff in O.S.No.132/06 on the file of the Munsiff's Court, Varkala. She is a senior citizen aged 78 years and the respondents are her children. After the death of the petitioner's husband, she having had to experience difficulties at the hands of her children advancing claims for the property of twelve cents purchased by herself and her husband in 1974, she instituted O.S.No. 132/06 aforesaid for partition of the said property by metes and bounds and allotment of her share therein separately so as to avoid harassment from her children. 2. It is submitted by counsel for the petitioner that final decree proceedings are pending before the Munsiff's Court, Varkala in the said suit, but that the petitioner's son, who is the second respondent herein, has preferred appeal against the preliminary decree as A.S.No.12/08 WPC 1739/09 2 before the sub Court, Attingal and the said appeal is now ripe for hearing as service is complete; that the appeal is being adjourned by 3-4 months at a stretch and now it stands posted to 5.3.2009 and that the petitioner is desirous of getting the fruits of the decree and therefore, a direction be given to the learned Sub Judge, Attingal to hear and dispose of A.S.No.12/08 as early as possible, within a time frame. 3. In view of the submissions so made and also because it is submitted that appeal is ripe for hearing, I am of the view that appropriate direction sought for has to be issued. 4. In the result, I direct the Sub Judge, Attingal to dispose of A.S.No.12/08 pending on the file of his court as early as possible and in any event within a period of six months from the date of production of a copy of this judgment before him by the counsel for the petitioner. Petitioner is directed to produce a copy of this judgment before WPC 1739/09 3 the Sub Judge, Attingal as early as possible to enable him to comply with the directions given above. The writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 16th January, 2009 (K.P.Balachandran, Judge) tkv