IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 24560 of 2009(O) -------------------------- CMA.17/2007 of SUB COURT, CHERTHALA OS.651/2007 of PRL.MUNSIFF COURT, CHERTHALA IA.2722/2007 IN O.S.651/07 OF PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER(S): --------------- PADMINI KUNJAMMA, AGED 59, W/O.M.N.GOPINATHA PANICKER, SANTHINIKETHANIL (MURIYANAT), CHERTHALA NORTH MURI VILLAGE, CHERTHALA P.O. BY ADV. SRI.B.JAYASANKAR RESPONDENT(S): --------------- 1. V.GOPINATHA PANICKER, S/O.VASU VAIDAN, KRISHNA VIHAR, CHERTHALA NORTH MURI VILLAGE, CHERTHALA P.O. 2. K.RAJAKUMARI, AGED 58, W/O.V.GOPINATHA PANICKER, KRISHNA VIHAR, CHERTHALA NORTH MURI VILLAGE, CHERTHALA P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.24560 OF 2009 (O) ----------------------------------- Dated this the 26th day of August, 2009 J U D G M E N T The writ petition is filed seeking mainly the following relief: i. to direct the learned Sub Judge, Cherthala to dispose Ext.P2 appeal at the earliest at any event by the next posting. 2. Petitioner is the defendant in O.S.No.651 of 2007 on the file of the Principal Munsiff's Court, Cherthala. Suit is one for declaration of title and consequential injunction, and the respondents are the plaintiffs. An injunction application moved by the plaintiffs was allowed by the trial court, against which, petitioner preferred an appeal, and it is now pending as C.M.Appeal.No.17 of 2007 before the Sub Court, Cherthala. WPC.24560/09 2 The only relief sought for in the writ petition is a direction/order to the appellate court to dispose that C.M.Appeal as expeditiously as possible. 3. Having regard to the submissions made by the counsel, I find no notice to the respondents is necessary, and hence, it is dispensed with. The learned Sub Judge, Cherthala is directed to dispose the C.M.Appeal.No.17 of 2007 as expeditiously as possible, at any rate, within a period of one month from the date of production of a copy of this judgment. Subject to the above direction, this writ petition is disposed. Handover a copy of the judgment to the counsel for the petitioner on usual terms and send a copy of the judgment to the court below forthwith. S.S.SATHEESACHANDRAN JUDGE prp WPC.24560/09 3