IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 OP(C).No. 750 of 2011(O) AS.93/2010 OF PRINCIPAL SUB COURT,ATTINGAL PETITIONERS 1. SULAIMAN MUSALIAR, AGED 53 YEARS, S/O. ABDUL HAMEED, ZIRAJ MANZIL, VAZHAVILA, KULAMBUKARA, THEKKUMKARA MURI, NEDUMANGADU VILLAGE. 2. HAJIRA BEEVI, AGED 68, D/O. ASANARU PILLAI, AHS MANZIL, PULIPARA, PANGODE VILLAGE. 3. SHOUKATHALI MUSALIAR, S/O. KASSIM KUNJU LEBBA, AGED 71, BUNGLOW VILA VEEDU, NEAR KOLLAYIL, UPS JUNCTION, CHITHARA VILLAGE, MADATHARA HAVING ALSO KULANAGARA VEEDU, NANDAIVANAM, NAGAROOR VILLAGE AND DESOM. BY ADVS.M/S. SRI.R.ANILKUMAR AND P.BANI RESPONDENTS: 1. MOHAMMED THAMPI MUHAMMED ILLYAS, AGED 63, S/O. MUHAMMED THAMPI, ERAMALLI VEEDU, NAGAROOR VILLAGE, NEDUMPARAMBU.P.O,(VIA) ALAMCODE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM-695105. 2. MOHAMMED HANEEFA, S/O. KHADIR BAVA, AGED 66, MANKADU VEEDU, NAGAROOR DESOM AND VILLAGE-695601. 3. ABOOBAKER, S/O. JAMAL MUHAMMED, AGED 58, VAYAKKAL VEEDU, MADAPPATTU DESOM, VELLALLOOR VILLAGE-695601. 4. ABDUL RAHMAN IBRAHIM, AGED 66, CHEKKALAYIL, NANTHAIVANAM, NAGAROOR DESOM AND VILLAGE-695601. R2, R3 & R4 BY ADV. SRI.K.SUBASH CHANDRA BOSE R1 BY ADV. SRI.G.S.REGHUNATH THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 750 OF 2011 O ------------------------------------------------------ Dated this the 11th day of March, 2011 JUDGMENT Petitioners 1 and 2 herein are appellant Nos.2 and 3 in A.S.No.93 of 2010 on the file of the Court of the Subordinate Judge of Attingal. Petitioner No.3 is not a party to the appeal. He sought to be impleaded as additional appellant, as per the relief sought for in I.A.No.63 of 2011 in the appeal. 2. I.A.No.423 of 2011 was filed in A.S.No.93 of 2010 to appoint a Receiver for management of the plaint schedule properties and the 'Khaber' therein. I.A.Nos.63 of 2011 and 423 of 2011 are pending. While so, the 'Chandanakudam' festival was to be conducted on 3rd and 4th March, 2011. At that time, this Original Petition was filed with a prayer to issue a direction to the Sub Court, Attingal to dispose of I.A.Nos.63 of 2011 and 423 of 2011 and for other reliefs. As an interim relief, the petitioners prayed to appoint the third petitioner as the Receiver to conduct the 'Chandanakudam' festival. It was pointed out that in 2005, an Advocate Commissioner was appointed for supervising the 'Chandanakudam' festival. Some O.P.(C) NO.750 OF 2011 :: 2 :: arrangements were also made by the Court for conducting 'Chandanakudam' festival in the subsequent years. On 28.2.2011, the prayer for appointing a Commissioner to supervise the 'Chandanakudam' festival was considered by this Court and it was held that there was no ground to appoint a Commissioner. 3. Today, when the matter came up for hearing, the learned counsel appearing for the respondents submitted that major part of the Original Petition has become infructuous. However, the learned counsel for the petitioners submitted that I.A.Nos.63 of 2011 and 423 of 2011 are pending before the appellate court and that it is necessary to dispose of those applications without delay. In the facts and circumstances of the case, the Original Petition is disposed of directing the learned Subordinate Judge, Attingal to consider and dispose of I.A.Nos.63 of 2011 and 423 of 2011 in A.S.No.93 of 2010 expeditiously. (K.T.SANKARAN) Judge ahz/