IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 33137 of 2009(O) --------------------------------------- OS.119/2005 of SUB COURT, TIRUR .................... PETITIONER(S): ---------------------- 1. ABDUL HAMEED, S/O.MOHAMMEDKUTTY, MATTATHOOR AMSOM DESOM, MATTATHOOR P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. MOIDUTTY, S/O.MOHAMMEDKUTTY, MATTATHOOR AMSOM DESOM, MATTATHOOR P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): ------------------------- 1. UTHANKAVUNGAL KUNHITHIMMA, W/O.OLAKARA MUHAMMEDKUTTY, OLAKARA HOUSE, MATTATHOOR P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. KUNHIMOIDEEN, S/O.OLAKARA MUHAMMEDKUTTY, OLAKARA HOUSE, MATTATHOOR P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. 3. ABDUL KASIM, S/O.OLAKARA MUHAMMEDKUTTY, OLAKARA HOUSE, MATTATHOOR P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. 4. MAHAMOOD, S/O.OLAKARA MUHAMMEDKUTTY, OLAKARA HOUSE, MATTATHOOR P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT. WPC. NO.33137/2009 5. OLAKARA KATHIYUMMA, W/O.CHAKKARATHODI KUNHAHAMMAD MASTER, TIRURANGADI TALUK, IRINGALLUR AMSOM, KUZHIPPURAM DESOM, IRINGALLOOR P.O., KUZHIPPURAM, MALAPPURAM DISTRICT. 6. OLAKARA MARIYUMMA, W/O.KAITHAVALAPPIL KADER HAJI, TIRURANGADI TALUK, VENGARA AMSOM, KUTTOOR DESOM, KUTTOOR NORTH, VENGARA P.O. 7. OLAKARA ACHUMMA, W/O. HAMSA, THODUKUTHU PARAMBU, TIRURANGADI TALUK, MATTATHOOR AMSOM, DESOM, MATTATHOOR P.O., MALAPPURAM DISTRICT. 8. RUKIYA, D/O. MUHAMMKUTTY, TIRURANGADI TALUK, MATTATHOOR AMSOM, DESOM, VADAKKUM MANNA, MATTATHOOR P.O., MALAPPURAM DISTRICT. 9. GOVERNMENT OF KERALA REP. BY THE DISTRICT COLLECTOR, MALAPPURAM CIVIL STATION MALAPPURAM P.O. MALAPPURAM. 10. AHAMMEDKUTTY HAJI, S/O. LATE MOOSA, TIRURANGADI TLUK, MATTATHOOR AMSOM DESOM, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== W.P(C) No.33137 of 2009 ==================================== Dated this the 07th day of October, 2010 J U D G M E N T Plaintiff and defendant No.4 in O.S. No.119 of 2005 of the court of learned Sub Judge, Tirur are the petitioners before me seeking various reliefs including a direction to the learned Sub Judge to dispose of the suit within a time frame to be fixed by this Court. O.S. No.119 of 2005 is a suit for partition and a preliminary decree was passed. Application for passing the final decree (I.A. No.2348 of 2008) is pending consideration. It is stated that though the Commissioner has given notice of inspection on four occasions he had not inspected the property for various reasons including alleged dilatory tactics adopted by some of the respondents. What petitioners now seek is a direction to the learned Sub Judge to dispose of the suit within a time frame to be fixed by this Court. Having regard to the facts and circumstances of the case learned Sub Judge is directed to expedite trial and disposal of the suit considering the fact that suit is of the year 2005 and it is still pending at the stage of passing of final decree. With the above observation Writ Petition is disposed of. THOMAS P. JOSEPH, JUDGE. vsv