IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9069 of 2010(O) ------------------------------------- (AS.NO.25/2008 OF SUB COURT,KOTTARAKKARA) .................... PETITIONER: ------------------- SOPHIAMMA JOSEPH,AGED 61 YEARS,W/O.MAJOR C.T.JOSEPH,CHAKKALAYIL 173/A-1,VTH -A-MAIN MALLESPALAYA,NEW THIPPA SANDRA BANGALOE-75 FROM OTTAPLACKAL ESTIMATE,MONGODU MURI,ALAYAMON VILLAGE PATHANAPURAM TALUK. BY ADVS. MR.P.K.MURALEEDHARAN, MR.SUNU P.JOHN. RESPONDENTS: ------------------------ 1. PHILOMINA CHACKO,AGED 84 YEARS, W/O.LATE CHACKO,OTTAPLACKAL ESTATE,MOONGODU MURI, MEENKULAM,CHENNAPPETTA.P.O,ALAYAMON VILLAGE, PATHANAPURAM TALUK. 2. SILVIAMMA RAJI,AGED 56 YEARS, W/O.RAJU OTTAPLACKAL ESTATE,MOONGODU MURI, MEENKULAM,CHENNAPETTA.P.O, ALAYAMON VILLAGE, PATHANAPURAM TALUK. 3. SIBIKUTTY,W/O.THOMAS,AGED 51 YEARS,FROM OTTAPLACKAL VEEDU,MOONGODU MURI,ALAYAMON VILLAGE, PATHANAPURAM TALUK,NOW REISIDING AT PUNNAKKUDIYIL HOUSE, SANTHIMANGALAM, MAMMOODU, CHANGANASSERY TALUK. 4. SINDHIAMMA GEORGE,AGED 61 YEARS, W/O.LATE GEORGE FROM OTTAPLACKAL VEEDU,MOONGODU MURI,ALAYAMON VILLAGE,PATHANAPURAM TALUK,NOW AT PARAMKMAM VEEDU,KIZHAKKETHERUVU, KOTTARAKKARA TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 9069 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 18th day of March, 2010 JUDGMENT Limited prayer in this writ petition is for a direction to the Sub Court, Kottarakkara to take up A.S. No.25 of 2008 pending before that court and dispose of the same within a time frame. 2. Petitioner was the plaintiff in O.S. No.145 of 2005, a suit for partition. The suit was decreed. Against the judgment and decree the respondents/defendants filed an appeal before the Sub Court, Kottarakkara as A.S. No.25 of 2008. The grievance of the petitioner is that due to the pendency of the appeal, she has suffered irreparable injury and hardship. It is pointed out that the respondents have unnecessarily dragged on the suit under some pretext or other. She, therefore, seeks a direction to the Sub Court, Kottarakkara to dispose of the appeal within a specified time. W.P.(C) No. 9069/2010 2 3. In the light of the order that is sought to be passed, notice to the respondents is not necessary. 4. Limited prayer is to dispose of the appeal at the earliest. The Sub Court, Kottarakkara is a heavy court. The petitioner, being a senior citizen, will have to be given preference. 5. Therefore, there will be a direction to the Sub Court, Kottarakkara to take up A.S. No.25 of 2008 at the earliest and dispose of the same within six months from the date of receipt of a copy of this judgment. P.BHAVADASAN, JUDGE. mn.