IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 29164 of 2009(O) -------------------------- AGAINST THE ORDER IN IN IA.837/2009 IN AS.97/2009 of SUB COURT,NEYYATTINKARA OS.206/1981 of I ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): --------------- INDIRA BAI AMMA D/O.BHAGAVATHI PILLAI, KARIMPANA VEEDU, AYINKAMAM, PARASSALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- CHELLASWAMY NADAR ,S/O.PODIKUTTI NADAR MELEVEETTUVILA VEEDU, AYINKAMAM, PARASSALA, THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.29164 OF 2009 (O) ----------------------------------- Dated this the 2nd day of November, 2009 J U D G M E N T The writ petition has been filed by the 2nd respondent in A.S.No.97 of 2008 on the file of the Sub Court, Neyyattinkara seeking the issue of writ/order directing the court below to hear and dispose the above appeal expeditiously. The decree challenged in the appeal was passed in a suit for redemption and the petitioner was the 2nd plaintiff in the above suit. The above suit was instituted about 28 years ago, and despite the decree passed in her favour in view of the appeal pending, she is prevented from enjoying the fruits of the decree, is the grievance espoused. A report was called for from the learned Sub Judge to ascertain the present stage of the appeal and also whether service has been completed. It is reported steps are awaited for completion since the 1st respondent had passed away. The learned counsel for the petitioner submits that the 1st respondent was the mother of the petitioner and WPC.29164/09 2 she died more than one decade ago during the pendency of the suit. If that be so, I find that no posting for further steps may be necessary for disposal of the appeal. The learned Sub Judge is directed to examine the matter taking note of the submissions of the counsel as aforesaid, and, if further steps for impleadment of the legal representatives of the 1st respondent are found not necessary, then to hear and dispose the appeal as expeditiously as possible, at any rate, before the closing of the courts for the mid summer vacation. Subject to the above direction, the writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp