IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 23513 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 67/2005 IN OS.11/2002 of SUB COURT, CHERTHALA .................... PETITIONER(S): ------------------------- PHILOMINA, RESIDING AT C.C.15/1665B, MOOLAMKUZHI, KOCHI. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): ---------------------------- 1. LAWRENCE, ELAVANTHARA, AROOR.P.O., CHERTHALA- 688 534. 2. THOMAS, -DO- -DO- 3. DARLY THOMAS, ATTUNGAL HOUSE, POWER HOUSE ROAD, AYYAPPANKAVU, KOCHI-18. 4. GRACY GEORGE, VALIYAMUKKATHIL, BEHIND ASSISSI CONVENT, MUNDAMVELI, KOCHI - 3. 5. GRACY GODWIN, ELAVANTHARA, AROOR.P.O., CHERTHALA - 688 534. 6. JOSHEELA GODWIN, -DO- -DO- 7. JINU GODWIN, ERUMATTITHARA, OPPOSITE ST.MARY'S CHURCH, CHANDIROOR P.O., CHERTHALA - 688 547. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.23513 OF 2009 -------------------------- Dated this the 27th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Direct the Sub court, Cherthala to dispose of the I.A No. 67 of 2005 in O.S No.11 of 2002 within a time schedule to be fixed by this Hon'ble Court. ii) Grant such other further reliefs which this Hon'ble Court deems fit to grant under the circumstances of the case. 2. Petitioner is the plaintiff in O.S No.11 of 2002 on the file of the Sub Court, W.P.(C).No.23513 OF 2009 Page numbers Cherthala. Suit is for partition in which a preliminary decree was passed. Application for passing final decree filed by the petitioner is pending for consideration. Petitioner has filed this writ petition seeking an expeditious disposal of his application for passing final decree. A report was called from the learned Sub Judge to examine whether the final decree application can be disposed of on an early date. It is reported that some other defendants have filed applications for passing supplementary preliminary decree. Allowing one of the applications for supplementary preliminary decrees, a review petition is filed by some other petitioner in the final decree proceedings. It is reported, a commissioner appointed by the court has conducted measurement of the land and prepared a plan showing the allotment to be made to the respective sharers. Having regard to the facts and circumstances presented and W.P.(C).No.23513 OF 2009 Page numbers submissions made by the counsel on the report received from the learned Sub Judge, I direct the court below to give the suit top priority in hearing and dispose it as expeditiously as possible at any rate, before the closing of the court for Christmas vacation. Hand over a copy to the counsel on both sides on usual terms and send a copy to the court below forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv