IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 1575 of 2010(O) ------------------------- AS.279/2005 of SUB COURT,KOTTARAKKARA .................... PETITIONER(S): ------------------------ 1. KUNJUKUTTY,K, W/O.T.N.CHANDRAHASAN, THOTTINKIZHAKKETHIL, MUTHUPILAKKADU KIZHAKKUMURI, SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. 2. AJITHA, D/O.T.N.CHANDRAHASAN, THOTTINKIZHAKKETHIL, MUTHUPILAKKADU KIZHAKKUMURI, SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. 3. ANITHA, S/O.T.N.CHANDRAHASAN, THOTTINKIZHAKKETHIL, MUTHUPILAKKADU KIZHAKKUMURI, SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. 4. ABHILASH, S/O.T.N.CHANDRAHASAN, THOTTINKIZHAKKETHIL, MUTHUPILAKKADU KIZHAKKUMURI, SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. 5. ARUN,S/O.T.N.CHANDRAHASAN, THOTTINKIZHAKKETHIL, MUTHUPILAKKADU KIZHAKKUMURI, SASTHAMKOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM W.P.(c) No.1575/2010 2 RESPONDENT(S): ----------------------------- 1. K.CHITHIRA, EDAYILATHUNDIL VEEDU, IRUMPANAGAD MURI, EZUKONE VILLAGE, KOTTARAKKARA TALUK. 2. RAJEEV.C, EDAYILATHUNDIL VEEDU, IRUMPANAGAD MURI, EZUKONE VILLAGE, KOTTARAKKARA TALUK. 3. THE DIVISIONAL PERSONAL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 4. THE DIVISIONAL MANAGER, REPRESENTING SOUTHERN RAILWAY, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.1575 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of February, 2010 JUDGMENT The petitioners are the plaintiffs in O.S.No.416/2005 on the file of the Munsiff's Court, Kottarakkara. The said suit was one for declaration that the 1st plaintiff is the legally wedded wife of deceased Chandrahasan and plaintiffs 2 to 5 are the children born to the said Chandrahasan in the 1st plaintiff and for a mandatory injunction restraining the defendants 3 and 4 namely Divisional Personal Officer, Southern Railway and Divisional Manager , Southern Railway from disbursing the pensionory benefits to defendants 1 and 2. 2. The suit after a contest was decreed as prayed for. Aggrieved by the judgment and decree passed by the learned Munsiff, defendants 1 and 2 filed an appeal before the Sub Court, Kottarakkara as A.S.No.279 of 2005 and the said appeal is pending. W.P.(c)No.1575 of 2010 2 3. Petitioners who are respondent Nos.1 and 2 in the said appeal now seek an expeditious disposal of the said appeal. This Court called for a report from the court below. As per letter dated 21.01.2010, the learned Sub Judge has reported that there are many old appeals right from the year 1998 pending before that court and preference is given to all those old cases. However, considering the fact that there is a rival claim over the pensionory benefits of a deceased person and the said lis is pending in the list for more than 7 years, I am of the view that the aforementioned appeal deserves an early disposal. Accordingly this writ petition is disposed of directing the Sub Court, Kottarakkara to take up A.S.No.279 of 2005 for final hearing and dispose of the same expeditiously and at any rate within 7 months of receipt of a copy of this judgment, after giving both sides an opportunity of being heard. Dated this the 11th day of February, 2010. V. RAMKUMAR, JUDGE sj