IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 5937 of 2010(O) -------------------------------------- OP.45/2010 of DISTRICT COURT,KOZHIKODE OS.78/2007 of I ADDL.SUB COURT, KOZHIKODE .................... PETITIONER(S): ----------------------- RAMGOPAL, S/O.LATE ACHUTHAN NAIR, THANNIYIL HOUSE, ERANHIPALAM.P.O, NADAKKAVU, KOZHIKODE-6. BY ADVS.MR.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA RESPONDENT(S): -------------------------- 1. MALATHI AMMA, W/O.LATE CHANDRASEKHARAN NAIR, KOORKANATTU HOUSE, P.O.KARUMATHARA, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. K.P.RAJALAKSHMI AMMA, W/O.LATE ACHUTHAN NAIR,THANNIYIL HOUSE, P.O.ERANHIPALAM, NADAKKAV, KOZHIKODE. 3. K.R.RAJEEVAN, S/O.MOORKANATTU VASUMATHY AMMA, P.O.KARUMATHARA, THALAPPILLY TALUK, THRISSUR. ADV. MR.K.A.SALIL NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5937/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. 78/2007 ON THE FILE OF THE COURT OF THE ADDL. SUB COURT, KOZHIKODE. P2:- COPY OF THE PLAINT IN OS. 415/2009 ON THE FILE OF THE ADDL.SUB COURT, KOZHIKODE. P3:- COPY OF THE PLAINT IN OS. 471/2008 ON THE FILE OF THE 2ND ADDL.SUB COURT, KOZHIKODE. P4:- COPY OF THE PETITION OP. 45/2010 ON THE FILE OF THE DISTRICT COURT, KOZHIKODE. P5:- COPY OF THE AFFIDAVIT IN SUPPORT OF IA. NO.686/2009 ON THE FILE OF THE SUB COURT. TRUE COPY P.A. TO JUDGE tss P. BHAVADASAN, J -------------------------- W.P.(C).No.5937 OF 2010 -------------------------------------- Dated this the 15th day of March, 2010 J U D G M E N T The limited prayer under Article 227 of the constitution of India in this petition is to give a direction to the District Court, Kozhikode to hear and dispose of O.P.45/10 within the time to be fixed by this court. 2. The petitioner is the plaintiff in O.S.19/08 which was transferred and re-numbered as O.S.415/09 before the Additional Sub Court, Kozhikode. There are two other suits pending before the said court. All the three suits need to be tried and disposed of by the same court to avoid conflict of decision. The grievance of the petitioner is that transfer application filed by him is not being disposed of. 3. In the meanwhile, first respondent died. I.A.3594/2010 as per which petitioner therein sought for getting himself impleaded as legal heir on the basis of a will. WPC.5937/10 2 The genuineness of the will is disputed by the other side, that is a matter for adjudication by the court below. However, for the limited purpose of disposing of this petition, the petitioner in I.A.3594/10 is impleaded as legal heir of the first respondent to represent the estate of the deceased person. The genuineness of the will shall be determined by the court below in appropriate proceedings. 4. The prayer made is just and reasonable. There will be a direction to the District Court, Kozhikode to take up the transfer petition O.P.45/2010 and dispose it of as expeditiously as possible at any rate within a period of three weeks from the date of receipt of copy of this judgment. Till then, interim order passed by this court shall continue. P. BHAVADASAN, JUDGE. sou.