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. 2341 of 2011(O) ------------------------------------- [AS.NO.189/2004 OF SUB COURT,KOTTARAKKARA] .................... PETITIONER/3RD RESPONDENT: ----------------------------------------------- MOHANLAL, KRISHNA VILASOM, KUDIKKODU KOTTARAKKARA. BY ADV. SRI.M.R.SARIN PANICKER. RESPONDENTS/ 1 TO 2 APPELLANTS/RESPONDENTS: ------------------------------------------------------------------------------ 1. RAMANI BHAI, RAJEEV BHAVAN, ITHITHANAM P.O., CHANGANACHERRY TALUK – 686 101. 2. USHAKUMARI AMMA, KUTTUKANANDATHIL VEEDU, ITHITHANAM P.O., CHANGANACHERRY – 686 101. 3. G.PRASANNAKUMARI AMMA, SASIBHAVAN, NEDUMANCAVU MURI, KAREEPRA VILLAGE, KOTTARAKKARA – 691 506. 4. GOMATHY AMMA, KEEZHOOTTUVEEDU, NEDUMANCAVU MURI, KAREEPRA VILLAGE, KOTTARAKKARA – 691 506. 5. M.RAHAMONY, KEEZHOOTTUVEEDU, NEDUMANCAVU MURI, KAREEPRA VILLAGE, KOTTARAKKARA – 691 506. 6. R.REMYA, KEEZHOOTTUVEEDU, NEDUMANCAVU MURI, KAREEPRA VILLAGE, KOTTARAKKARA – 691 506. O.P.(C).NO.2341/2011-O: 7. R.DHANYA, KEEZHOOTTUVEEDU, NEDUMANCAVU MURI, KAREEPRA VILLAGE, KOTTARAKKARA – 691 506. 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.2341/2011-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE A.S.NO.189/04 PENDING BEFORE SUB COURT, KOTTARAKKARA. EXT.P.2: COPY OF THE B DAIRY IN THE A.S. NO. 189/04 ON FILE OF SUB COURT, KOTTARAKKARA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2341 of 2011 ==================================== Dated this the 26th day of July, 2011 J U D G M E N T Third respondent in A.S. No.189 of 2004 of the court of learned Sub Judge, Kottarakkara is the petitioner before me seeking a direction for early disposal of the appeal. That appeal arose from the judgment and decree in O.S. No.211 of 1999 of the court of learned Munsiff, Kottarakkara, filed by respondents 1 and 2 for partition of 17 cents of land. The suit was dismissed as per judgment and decree dated September 30, 2004. Respondent 1 and 2 filed appeal in the year 2004. Now the appeal is posted on 12.08.2011. Petitioner is the third respondent in that appeal. He prays for a direction for early disposal of the appeal. 2. Without understanding the volume of work of the court concerned and priority for disposal of older cases it is not proper for me to issue a direction for time bound disposal of the appeal. But I must bear in mind that the suit is of the year 1999, the appeal is of the year 2004 and by this time the appeal must have been ripe for hearing. In the circumstances petitioner is permitted to request learned Sub Judge to dispose of the appeal at the O.P(C) No.2341 of 2011 -: 2 :- earliest if preliminary steps are over and there is no legal impediment in hearing and disposing of the appeal. If any such request is made learned Sub Judge shall consider the same and pass appropriate orders having regard to the fact that the suit is of the year 1999 and appeal is of the year 2004. This Original petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv