IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 OP(C).No. 4235 of 2011(O) ------------------------- OS.1849/2008 of II ADDL.M.C.,TRIVANDRUM .................... PETITIONER: ------------------- SISILY, AGED 93 YEARS, W/O.(LATE) VAREED, RESIDING AT NO.T.C 16/1732, ULLOOR LANE, JAGATHY, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADV. SMT.G.VIDYA RESPONDENTS: --------------------- 1. DAISY, D/O LATE VAREED, 'SOOSY BHAVAN', THACHOTTUKAVU MALAYINKEEZHU P.O, THIRUVANANTHAPURAM PIN - 695 004 2. M.P.SURESH, S/O PONNAYYAN, CHRNAVILA VEEDU, NALUMUKKU, VALIYARA MURI, VELLANADUP.O, THIRUVANANTHAPURAM - 695 004 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JV OPC NO: 4235/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO: 1849/2008 ON THE FILES OF 2ND ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE JV THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4235 of 2011 ==================================== Dated this the 21st day of December, 2011 J U D G M E N T Additional second defendant in O.S. No.1849 of 2008 of the court of learned Munsiff, Thiruvananthapuram is the petitioner before me aggrieved by the non-disposal of the suit. It is submitted that first respondent filed the suit for a declaration that sale deed No.18/2007 executed by petitioner in favour of second respondent is void. It is also submitted that evidence in the case was recorded but the case is not so far disposed of. It is stated that the case now stands posted for hearing on 07.01.2012. Difficulty of petitioner is that since she is aged 93 years she cannot wait for long for a decision in the case. 2. Having regard to the circumstances stated I am inclined to think that if steps and evidence are over learned Munsiff has to expedite disposal of the case provided there is no legal impediment in doing so. Resultantly, Original Petition is disposed of directing learned Munsiff, Thiruvananthapuram to expedite disposal of O.S. No.1849 of 2008 if steps and evidence are over and there is no legal impediment in the disposal of the case. THOMAS P. JOSEPH, JUDGE. vsv