IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16685 of 2010(O) -------------------------- OS.208/1996 of SUB COURT, MUVATTUPUZHA .................... PETITIONER: --------------- VARGHESE, AGED 74 YEARS, S/O.ULAHANNAN, THOTTUPURATH HOUSE, KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) SRI.I.P.VARGHESE RESPONDENTS: --------------- 1. LEELAMMA ABRAHAM, W/O.LATE ABRAHAM, THOTTUPURATH HOUSE, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 2. DEEPA SUNNY, W/O.SUNNY, PUTHUKKATTIL HOUSE, MULAKKULAM SOUTH, KOTTAYAM DISTRICT. 3. SUNITHA BENZE, W/O.BENZE, PULPARAYIL HOUSE, KAKKOOR.P.O, ERNAKULAM DISTRICT. 4. PREETHA ABRAHAM, D/O.ABRAHAM, THOTTUPURATH HOUSE, KOOTHATTUKULAM, ERNAKULAM DISTRICT. 5. PRATHEESH ABRAHAM, S/O.ABRAHAM, THOTTUPURATH HOUSE, KOOTHATTUKULAM, ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.16685 of 2010 --------------------------------------- Dated this 01st day of June, 2010 JUDGMENT The petitioner, plaintiff in O.S.No.208 of 1996 of the Sub Court, Muvattupuzha in whose favour a preliminary decree for partition has been passed on 29-11-2006 and at whose instance final decree proceedings are pending seeks a direction to the learned Sub Judge to dispose of the application (I.A.No.1987 of 2007) and pass final decree expeditiously. It is stated that petitioner is aged about 74 years and the respondents who are in possession of the property from 1966 onwards are prolonging passing of the final decree by whatever means possible and petitioner is being deprived of the fruits of the decree. Learned counsel requested that direction may be issued to the learned Sub Judge for a time bound disposal of I.A.No.1987 of 2007. 2. I do not think it proper to issue any time bound disposal without understanding the volume of work of the court concerned and the stage at which the application for final decree is now placed. However petitioner is aged about 74 years and that the property according to him is in the possession of respondents since 1966 onwards is a matter which should alert the court below. I W.P.C.No.16685 of 2010 : 2 : direct the learned Sub Judge to dispose of the application for passing final decree as expeditiously as possible. With the above direction the writ petition is disposed of. (THOMAS P JOSEPH, JUDGE) Sbna/-