IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 OP(C).No. 1106 of 2011(O) ---------------------- AS.9/2010 OF SUB COURT, IRINJALAKUDA OS. NO. 1951/2008 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA ............... PETITIONER : -------------------- SARDA, AGED 69, D/O.THEKUDAN MADHAVAN, MANAVALSSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADVS. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SRI. SOJO J. KALLIDUKKIL SRI.M.S.IMTHIYAZ AHAMMED RESPONDENT : ---------------------- BHANUMATHI, AGED 67, D/O.THEKUDAN MADHAVAN, MANAVALSSERY VILLAGE, MUKUNDAPURAM TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.BHAVADASAN, J. ---------------------------- O.P(c).No. 1106 of 2011 --------------------------------- Dated this the 18th day of March, 2011 JUDGMENT This Original Petition is filed under Article 227 of the Constitution of India. 2. The following reliefs are sought for in the Original Petition: a. Direct the Sub Court, Irinjalakuda to dispose of A.S.9/2010 within a specific time period. b. Issue, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case; c. Award cost of the proceedings. 3. The petitioner is the plaintiff in O.S.No.1951/2008 before the Munsiff's Court, Irinjalakuda for a suit for partition. That suit was decreed and a preliminary decree was passed. That has been challenged by the aggrieved defendant in A.S.No.9/2010 and I.A. 232/2010 was filed by the appellant therein seeking to stay of the execution proceedings. The petitioner points out that the entire proceedings has been stayed now. Petitioner now prays for a direction to the Sub Court, Irinjalakuda to dispose of A.S.9/2010 within a specific time period. op(c) 1106/2011 2 4. Normally this Court would have been very reluctant to direct the Sub Court, Irijalakuda to dispose A.S. 9/2010, when old appeals are pending. But considering the nature of the suit and also the interim order passed and its effect on the prayer seems reasonable. In the result, there will be a direction to the the Sub Court, Irinjalakuda to take up A.S.No.9/2010 and disposed of as expeditiously as possible at any rate six months from the date of receipt of a copy of this order. P.BHAVADASAN, JUDGE. ln