IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 OP(C).No. 3402 of 2011(O) --------------------------------- OS.85/1971 of PRL.SUB COURT,THIRUVANANTHAPURAM .................... PETITIONER: ---------------- MOHAMMED FATHIMA,D/O.A.ABDUL RAHMAN KUNJU,RESIDING AT THEKKEVILA VEEDU, EDAVA, THIRUVANANTHAPURAM. BY ADVS. SMT.GEETHA P.MENON SRI.N.AJITH RESPONDENT(S): -------------------- T.K.THOMAS,S/O.LATE KOSHY, ADVOCATE TC 27/739,VANCHIYOOR, THIRUVANANTHAPURAM,RECIEVER IN O.S NO.85 OF 1971 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGES COURT, TRIVANDRUM - 695 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 3402/2011 APPENDIX PETITIONER'S EXHIBITS: P1: DATED 11/02/1979, COPY OF THE COMPROMISE PETITION, C.M.P.NO.3673/1979 IN A.S. NO.118/1973 ON THE FILE OF THIS HONOURABLE COURT. P2: DATED 20/02/1980, COPY OF THE COMMON JUDGMENT IN A.S. NO.51/1973 OF THIS HONOURABLE COURT AND CONNECTED CASES. P3: DATED 20/02/2009, COPY OF THE APPLICATION, I.A.NO.1451/2009 IN O.S.NO.85/1971, SUB COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3402 of 2011 ==================================== Dated this the 21st day of October, 2011 J U D G M E N T Petitioner has filed Ext.P3, application (I.A. No.1451 of 2009) in O.S. No.85 of 1971 of the court of learned Sub Judge, Thiruvananthapuram to get possession of the property due to her and taken over by the Receiver appointed in the case. Grievance of petitioner is that she is aged 86 years and the decision on Ext.P3, application is being prolonged for one reason or the other. Hence a direction is sought for time bound disposal of Ext.P3, application. 2. Learned counsel submitted that on an earlier occasion petitioner had approached this Court with W.P(C) No.2020 of 2010 for the same relief. Since the number of proceeding pending in the court below was misquoted as I.A. No.4037 of 2009 this Court disposed of the Writ petition observing that an application which is not pending cannot be directed to be disposed of. It is submitted by learned counsel that a decree was passed in the suit following compromise and that petitioner is entitled to get possession of the property referred to in Ext.P3. 3. Without understanding the various proceedings if any, O.P(C) No.3402 of 2011 -: 2 :- in the matter I am not inclined to issue a direction as prayed for for time bound disposal of Ext.P3, application. But having regard to the grievance of petitioner aged 86 years, it is necessary that proceedings are expedited if steps on Ext.P3, are over and there is no legal impediment in its disposal. Resultantly, Original Petition is disposed of directing the learned Sub Judge, Thiruvananthapuram to expedite disposal of Ext.P3, application if steps on that application are over and there is no legal impediment in its disposal, bearing in mind grievance of petitioner aged 86 years. THOMAS P. JOSEPH, JUDGE. vsv