IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 25128 of 2009(O) -------------------------- AS.52/2007 of ADDL. DISTRICT COURT, KOZHIKODE-III .................... PETITIONER(S): --------------- 1. THEZHATHUVEETTIL SARALA, AGED 65 YEARS, D/O.IMBICHI, KOTTULY AMSOM DESOM, KOZHIKODE. 2. KANANGOTHU SARASU, AGED 62 YEARS, DO. DO. 3. ELAYADATH AMMALUKUTTY @ DEVI, AGED 74 YEARS, D/O.IMBICHI, PADINHATTUMURI AMSOM, KOZHIKODE. 4. SIVADASAN, AGED 50 YEARS, D/O.AMMALUKUTTY, VADAKKEKOLIPURATH HOUSE, KOTTULLY AMSOM. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. RATNAKARAN, AGED 46 YEARS, S/O.KADAPPAMANNIL EDVALATH SEKARAN, KOTTULY, KOZHIKODE. 2. RAVEENDRAN, AGED 50 YEARS, S/O.KADAPPAMANNIL EDVALATH SEKARAN, CHEVAYUR, KOZHIKODE. 3. RAJAN, AGED 44 YEARS, DO.DO. 4. RATHEESAN, AGED 42 YEARS, S/O.KADAPPAMANNIL EDVALATH SEKARAN, KOTTULY, KOZHIKODE. 5. SHAJI, AGED 33 YEARS, S/O.KADAPPAMANNIL EDVALATH SEKARAN, KOTTULY, KOZHIKODE. WPC.25128/09 6. RAGHU, AGED 52 YEARS, S/O.KADAPPAMANNIL EDVALATH SEKARAN, CHEVAYUR, KOZHIKODE. 7. RAMESHAN, AGED 46 YEARS, S/O.KADAPPAMANNIL EDVALATH SEKARAN, KOTTULY, KOZHIKODE. 8. ANEESHAN, AGED 39 YEARS, S/O.KADAPPAMANNIL EDVALATH SEKARAN, KOTTULY, KOZHIKODE. 9. KAMALA, AGED 60 YEARS, D/O.THARAMMAL KUNHAPPAN, THARAMMAL HOUSE, KOTTULY AMSOM DESOM, KOZHIKODE TALUK. ADV. SRI.JESWIN P.VARGHESE FOR R9 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.25128 OF 2009 (O) ----------------------------------- Dated this the 1st day of October, 2009 J U D G M E N T Petitioners are the appellants in A.S.No.52 of 2007 on the file of the Wakf Tribunal & Additional District Court, Kozhikode. The appellants are the defendants 8 to 11 in O.S.No.155 of 2005 on the file of the Sub Court, Kozhikode. Plaintiff in the suit has filed another appeal from the decision rendered in the same suit and that appeal, numbered as A.S.No.5 of 2006, is also pending before the very same court. The writ petition has been filed by the appellants in A.S.No.52 of 2007 for an early hearing and disposal of that appeal, and till then, to restrain the 9th respondent from alienating 'B' schedule property in the plaint. A report from the learned District Judge was called for as to whether the appeals are ripe for hearing and disposal. It is reported that the appeals can be disposed of within a short period after hearing both sides. The respondents have also entered appearance through WPC.25128/2009 2 a counsel, and it is submitted, both the appeals have been taken up for hearing and the arguments of the appellants in A.S.No.52 of 2007, the present petitioners are over, and the appeals are adjourned for hearing the arguments of the respondents. Taking note of the submissions made above, and considering the facts and circumstances presented, I direct the learned District Judge to hear and dispose the appeals as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Meanwhile, till the disposal of the appeals, the 9th respondent in A.S.No.52 of 2007 shall not encumber or alienate the plaint 'B' schedule property. The order shall remain to be in force only till the disposal of the appeal. Writ petition is disposed of with the above direction. S.S.SATHEESACHANDRAN JUDGE prp