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. 8269 of 2010(O) --------------------------------------- OS.726/2006 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): APPELLANT/1ST DEFENDANT ---------------------- NAZEER, S/O. ABDUL KARIM, AGED 39, RESIDING AT KADAYARAVILAKATHU VEEDU, NEAR MARKET, BALARAMAPURAM, KOTTUKAL VILLAGE, ANTHIYOOR DESOM. BY ADV. MR.R.T.PRADEEP RESPONDENT(S): RESPONDENTS/PLAINTIFFS 1 & 2 AND DEFTS.2 TO 10 --------------------------- 1. BEEMA BEEVI, D/O. SABIA BEEVI, RESIDING AT MILAD MANZIL, KALLAMBALAM. 2. REMLA BEEVI, D/O. SHAFI BEEVI, RESIDING AT TC 53/2048, S.R.COTTAGE, PONUMANGALAM, UPARIYOOR DESOM, NEMOM VILLAGE. 3. SAIFUDDIN, S/O. ABDULKHARIM, RESIDING AT KADAYAM VILAKATHU VEEDU, NEAR MARKET, BALARAMAPURAM. 4. SALIM, S/O. ABDUL KHARIM, RESIDING AT RAJEEN MANZIL, VATTAVILA, VIZHINJAM. 5. LATHEEF, S/O. ABDUL KHARIM, RESIDING AT SHEMIM MANZIL, THOPPIL PALLICHAL DESOM. 6. SABITHA BEEVI, D/O. SABIYA BEEVI, RESIDING AT SAMEER MANZIL, ERAVANTHOOR DESOM, MARANALLOOR VILLAGE. 7. THAHIRA BEEVI, D/O. SAFIYA BEEVI, RESIDING AT AJITHA MANZIL, KANDALA, ARAMANOOR DESOM, KULATHUMMAL VILLAGE. W.P.(C) NO.8269/2010 8. ABDUL SALAM, S/O. MEERA SAHIB, SAMIN MANZIL, THOPPIL, PALLICHAL VILLAGE. 9. SAMIN, S/O. ABDUL SALAM, AGED 18, RESIDING AT -DO- 10. SAHAHANA, D/O. ABDUL SALAM, RESIDING AT -DO- 11. SHAN, S/O. ABDUL SALAM, RESIDING AT -DO- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 8269 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010. JUDGMENT The limited prayer in this petition is for a direction to Sub Court, Neyyattinkara to take up I.A. 833 of 2009 in A.S. 80 of 2009 and dispose it off as expeditiously as possible or within a time frame to be fixed by this court. 2. Petitioner is the first defendant in O.S. 726 of 2006, which is a suit for partition. The suit was tried along with O.S. 702 of 2006 and O.S. 933 of 2006. O.S. 726 of 2006 was decreed and the suit filed by the petitioner was dismissed for default. Petitioner claims that he has filed A.S. 80 of 2009 against the judgment and decree in O.S. 726 of 2006. He had also filed I.A. 833 of 2009 seeking stay of further proceedings in pursuance of the decree for partition. There was a delay in filing the appeal and the petition for condonation of delay was allowed. Petitioner is unable to get order in WPC.8269/2010. 2 the stay petition. Petitioner says that it causes irreparable injuries to him. He therefore seeks a direction, which is already made mention of. 3. In the nature of the order that is proposed to be passed in this writ petition, notice to the respondents is unnecessary. 4. Ext.P3 is the interlocutory application filed by the petitioner seeking stay of final decree proceedings in the suit. There is no reason why the court should not pass orders on the same. There will be a direction to the Sub Court, Neyyattinkara to take up I.A. 833 of 2009 in A.S. 80 of 2009 and dispose it off on merits as expeditiously as possible, at any rate within a period of three weeks from the date of receipt of a copy of this judgment. P. BHAVADASAN, JUDGE sb.