IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 OP(C).No. 3104 of 2011(O) ------------------------------------ AS. NO.104/2011 OF DISTRICT COURT, THRISSUR. OS. 42/1994 OF MUNSIFF COURT, WADAKKANCHERY. PETITIONER (S): ------------------------- K.R.SATHYAN, S/O. LATE RAMU, KUNDUPARAMBIL HOUSE, NEENDOOR DESOM, CHIRMANANGAD VILLAGE, CHIRMANANGAD P.O., THALAPPILLY TALUK, THRISSUR DISTRICT 680604. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): ---------------------------- 1. SIDHARTHAN, S/O. KUNJAPPU, KADAMBULLI HOUSE, MANNAMKUNNU COLONY, VALLARAKKAD P.O., THRISSUR DISTRICT, PIN. 680 584. 2. THANKAMANI, W/O. GOPALAN,KADAVARATHU HOUSE, NEAR KURISSUPALLY, PAZHANJI P.O, DISTRICT 680 542. 3. KAMALAKSHI, W/O.ASOKAN, KOTTARAPPATTU VEEDU, POROOR DESOM, KORATTIKKARA PO., THRISSUR DISTRICT 680 543. 4. SUMATHY, W/O. RAJAN, KANDARASSERI HOUSE, CHIRMANANGAD P.O., THRISSUR DISTRICT 680 604. 5. NAKULAN, S/O. LATE RAMU, KUNDUPARAMBIL HOUSE, HEENDOOR, PANNITHADOM DESOM, CHIRMANANGAD P.O, THRISSUR DISTRICT 680 604. 6. RAMANI, W/O. RAGHAVAN, OOTTUMADATHIL HOUSE, NEENDOOR, CHIRMANANGAD P.O., PANNITHADOM, THRISSUR DISTRICT 680 604. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO.3104/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 25.1.2011 IN OS. 42/1994 ON THE FILES OF THE MUNSIFF COURT, WADAKKANCHERY. P2:- COPY OF THE APPEAL MEMORANDUM IN AS. 104/2011 ON THE FILES OF THE DISTRICT COURT, THRISSUR. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.3104 of 2011 --------------------------------------- Dated this 27th day of September, 2011 JUDGMENT Petitioner is the fifth plaintiff in O.S.No.42 of 1994 of the Court of learned Munsiff, Vadakkancherry. According to the petitioner the dispute started in the year, 1982 and in the year 1994, a suit for partition was instituted. A decree for partition was passed but, in R.S.A.No.473 of 2000 it was set aside and the matter was remanded for fresh decision. Thereafter the trial court granted a decree in part. That decree is under challenge in A.S.No.104 of 2011 pending in the District Court, Thrissur. Prayer in this petition is for a direction for early disposal of that appeal. 2. Without understanding whether the steps in the appeal are over, it is not proper for me to issue a direction for time bound disposal of the appeal. But the learned District Judge shall bear in mind that the suit was filed in the year 1994, the decree originally granted was set aside by this Court in R.S.A.No.473 of 2000 and that the decree passed thereafter is under challenge. Petitioner can request the learned District Judge to consider the above circumstance and expedite disposal of the appeal and if any such request is made learned District O.P(C).No.3104 of 2011 -: 2 :- Judge shall, if the steps are over, consider the request and pass appropriate orders. This original petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-