IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 OP(C).No. 2039 of 2011(O) ------------------------------------ [AGAINST THE ORDER IN OS.NO.345/1996 OF PRL.SUB COURT,THALASSERY] .................... PETITIONER: ------------------- VRINDA PRAKASH,W/O.PRAKASH, PRAKSH BUNGLOW,THALASSERY. BY ADVS. SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA. RESPONDENT: ---------------------- M.A.PRASANTH KUMAR,S/O.GOPALAN, 'LATHA NIVAS',THIRUVANGAD, THALASSERY – 670 101. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.2039/2011-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN O.S. 345/1996. EXT.P.2: COPY OF THE PRELIMINARY DECREE DTD 18/11/2002 IN 345/1996. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2039 of 2011 ==================================== Dated this the 26th day of July, 2011 J U D G M E N T Notice to the respondent is dispensed with in view of the decision I propose to take in this Original Petition. 2. Petitioner is plaintiff in O.S. No.345 of 1996 of the court of learned Sub Judge, Thalassery. That is a suit for partition and as seen from Exts.P1 and P2, a preliminary decree was passed on November 18, 2002. That was followed by respondent-8th defendant filing I.A. No.3805 of 2003 for passing a final decree. Grievance of petitioner is that in spite of Advocate Commissioner submitting report and plan there is no progress in the matter of passing the final decree. Hence it is requested that a direction may be given to the learned Sub Judge to pass final decree in the suit within a time frame. 3. I am not inclined to issue a direction for time bound disposal of the final decree application. For, so many unforseen situation might arise in a final decree proceeding. At the same time proceeding is to be expedited having regard to the fact that the suit is of the year 1996 and preliminary decree itself was O.P(C) 2039 of 2011 -: 2 :- passed on November 18, 2009. Resultantly, the Original Petition is disposed of directing learned Sub Judge to make every endeavour to expedite the final decree proceeding in O.S. No.345 of 1996 having regard to the circumstances I have stated above. THOMAS P. JOSEPH, JUDGE. vsv