IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 OP(C).No. 3848 of 2011(O) ----------------------------------- RFA.100/2004 of SUB COURT,KOTTARAKKARA OS. NO.179/1983 of MUNSIFF COURT, KOTTARAKKARA ............................................... PETITIONER(S): ------------------------ REMAMANI AMMA, D/O.GOURIKUTTY AMA, PANANTHITTA VEEDU, PACHALLOOR DESOM,THIRUVALLAM VILLAGE BY ADV. SRI. K.V. ANIL KUMAR RESPONDENT(S): ------------------------- 1. PADMAVATHY AMMA, KOCHUVILA VEEDU, KADAKKAL MURI, KADAKKAL VILLAGE, KOTTARAKKARA TALUK 691 506 2. BHUVANACHANDRAN NAIR, KOCHUVILA VEEDU, KADAKKAL MURI, KADAKKAL VILLAGE, KOTTARAKKARA TALUK 691 506 3. GOPINATHAN PILLAI, KOCHUVILA VEEDU, KADAKKAL MURI, KADAKKAL VILLAGE, KOTTARAKKARA TALUK 691 506 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS OP(C) NO. 3848 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS :- EXT. P1 COPY OF THE JUDGMENT DATED 31-01-2004 IN O.S. 179/1983 OF THE MUNSIFF'S COURT, KOTTARAKKARA EXT.P2 COPY OF THE APPEAL MEMORANDUM IN R.F.A. 100/2004 OF THE SUB COURT, KOTTARAKKARA. RESPONDENTS' EXHIBITS :- NIL /TRUE COPY/ P.A. TO JUDGE DCS THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3848 of 2011 -------------------------------------- Dated this the 30th day of November, 2011. JUDGMENT Respondent in R.F.A.No.100 of 2004 of the court of learned Sub Judge, Kottarakkara is the petitioner before me seeking a direction for time bound disposal of that appeal. Respondents in this proceedings filed the appeal challenging judgment and decree in O.S.No.179 of 1983 of the court of learned Munsiff, Kottarakkara. That judgment and decree declared title of petitioner and enables her to recover possession of property and to get a mandatory injunction. The suit was decreed on 30.01.2004. According to the petitioner, since a portion of property is in the possession of respondents, she is unable to dispose of the same and hence an early disposal of the appeal is prayed for. 2. It is seen that the appeal is of the year 2004. It is not known that whether there are older appeals pending in the court of learned Sub Judge for disposal. Without understanding the volume of work of the court below I am not inclined to issue any direction for time bound disposal. But, an appeal of the year, 2004 having been on the file for about seven years normally should be OP(C)No.3848/2011 2 treated as ripe for disposal. Hence learned Sub Judge is directed to expedite disposal of R.F.A.No.100 of 2004 if other steps in the appeal are over and if there is no other legal impediment in its disposal. Original Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks