IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 19145 of 2010(O) -------------------------- AS.39/2009 of SUB COURT,NEYYATTINKARA .................... PETITIONER: --------------- KUNJAMMA RAJAMMA, ROADARIKATHU VEEDU, PARUTHIVILA, KANJIRAMKULAM, KANJIRAMKULAM PO. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------- 1. DAKSHAYANI AMMA LEELA AMMA, NAVARETHNA NO.1, ARANNOOR, CHENGAZHASSERI VILLAGE, THIRUVANANTHAPURAM TALUK. 2. DAKSHAYANI AMMA VIJAYAKUMARI, RESIDING AT NAVARETHNA NO.1, ARANNOOR, CHENGAZHASSERI VILLAGE,THIRUVANANTHAPURAM TALUK. 3. DAKSHAYANI AMMA SREEKUMARI, RESIDING AT NAVARETHNA NO.1, ARANNOOR, CHENGAZHASSERI VILLAGE,THIRUVANANTHAPURAM TALUK. ADV. SRI.M.SREEKUMAR FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19145 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : MEMORANDUM OF APPEAL IN A.S.No.39 OF 2009 EXHIBIT P2 : I.A.No.379 OF 2009 EXHIBIT P3 : OBJECTION DTD. 20.03.2010 EXHIBIT P4 : ORDER DTD. 26.03.2010 IN I.A.No.379 OF 2009 IN A.S.No.39 OF 2009. RESPONDENTS' EXHIBITS: NIL True Copy P. A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.19145 of 2010 --------------------------------------- Dated this 26th day of July, 2010 JUDGMENT Petitioner is one of the legal representatives of deceased defendant No.1 who expired on 30-12-2007. There is a preliminary decree followed by a final decree for partition in O.S.No.139 of 1986 of the court of learned Principal Munsiff, Neyyattinkara. At a stage when that final decree was to be executed, petitioner filed A.S.No.39 of 2009 in the court of learned Sub Judge, Neyyattinkara challenging the decree for partition. Petitioner moved I.A.No.379 of 2009 for stay of execution of decree (E.P.No.395 of 2008). That application was dismissed by the appellate court observing that petitioner can take steps for early disposal of the appeal. That order is under challenge in this writ petition. While admitting the writ petition, an interim order was issued on 26-06-2010 directing that delivery of property as per order in E.P.No.395 of 2008 shall stand in abeyance for a period of three weeks. Later, that order was extended and it is now in force. Learned counsel for respondents contend that there is absolutely no merit in the appeal in so far as petitioner is attempting to raise certain contentions which run W.P.C.No.19145 of 2010 : 2 : counter to the contentions raised by deceased defendant No.1. Petitioner has a contention that she is entitled to challenge the decree on the grounds stated in the memorandum of appeal in A.S.No.39 of 2009. Both sides state that preliminary steps in A.S.No.39 of 2009 are over and that the appeal is posted in the month of October, 2010 for hearing. Having regard to the facts and circumstances of the case, it is only just and proper that the said appeal is disposed of at the earliest. Learned Sub Judge, Neyyattinkara is directed to prepone hearing of A.S.No.39 of 2009 after giving notice to counsel on both sides so that, the appeal is disposed of before 25-09-2010. Interim order of stay issued by this court will remain in force till 25-09-2010 or till A.S.No.39 of 2009 is disposed of, whichever is earlier. Writ petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-