IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 OP(C).No. 1292 of 2011(O) ------------------------- AS.109/2010 OF PRINCIPAL SUB COURT,TRIVANDRUM .................... PETITIONER : -------------------- MAMMEN THOMAS, AGED 82 YEARS, S/O.LATE P.M.,THOMAS, HILL CREST GROVE, T.C. 11/1297, NANTHENCODE, THIRUVANANTHAPURAM BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): ----------------------- 1. MARIN VARKEY, W/O.FRANCIS, AGED 33 YEARS, T.C. 11/1213-2, NANTHENCODE, KOWDIAR P.O., THIRUVANANTHAPURAM (P.T.A.PRESIDENT) PIN 695 003. 2. SUSAN SAM, W/O.RAJLU OOMMEN, AGED 53 YEARS, T.C. 4/2323-2, V.H.34, KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN 695 003. 3. ANITHA JOSE, W/O.RAJAN GHANDAPILLAI, AGED 51, T.C. 22/1242, KAITHAYIL, MANNAMMOOLA, PEROORKADA P.O., THIRUVANANTHAPURAM, PIN 695 003. 4. SUSAN JOHN, W/O.GEORGE IYPE, AGED 48 YEARS, T.C. 9/808, ASSARISERIL HOUSE, KALLAMPALLY P.O., THIRUVANANTHAPURAM, PIN 695 003. 5. BINU KOSHI, W/O.ABE ABRAHAM, 45 YEARS, T.C. 11/928, ABE VILLA, NALANDA JUNCTION, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN 695 003. 6. KURIAN EAPEN THOMAS, S/O.LATE P.M.THOMAS ELIE HOUSE, NANTHENCODE, THIRUVANANTHAPURAM, PIN 695 003. 7. SARAMMA ABRAHAM, W/O.ABRAHAM KOSHI, NELLUMMOOTTIL GRACE HOUSE, NEAR SREEMOOLAM MARKET, ADOOR, PIN 691529. OPC 1292/2011 2 8. THE VICAR, MARTHOMA ST.THOMAS CHURCH, PATTOOR, PATHIRIKARI MURI, VANCHIYOOR PAKUTHI, THIRUVANANTHAPURAM, PIN 695 035 9. THE VICAR, JERUSALEM MARTHOMA CHURCH, NANTHENCODE, THIRUVANANTHAPURAM - 695 003. ADV. SRI.K.J.SAJI ISAAC FOR R1-5 DR.ELIZABETH VARKEY FOR R1-5 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- O.P.(C).No.1292 of 2011 ---------------------------------- Dated this the 13th day of June, 2011 JUDGMENT The petitioner is one of the decree holders in O.S.No.486 of 2005 on the file of the First Additional Munsiff's Court, Thiruvananthapuram. Respondents 8 and 9 are the judgment debtors. It is stated that respondents 6 and 7 are the other decree holders. Though the decree was challenged in Appeal and Second Appeal, the decree of the trial court was confirmed in Appeal and Second Appeal. It is submitted that though the defendants filed a Special Leave Petition before the Supreme Court, that was dismissed. 2. In the execution proceedings, the judgment debtors raised a contention that the decree is a nullity. That contention was negatived by the executing court. The said order was confirmed in C.R.P.No.498 of 2010. Later, an Obstruction Petition was filed by respondents 1 to 5 O.P.(C) No.1292/2011 2 claiming certain independent rights in the property. That application was dismissed by the executing court as per Exhibit P3 order dated 14th July 2010 (E.A.No.353 of 2010 in E.P.No.379 of 2009). The obstructors challenged that order in A.S.No.109 of 2010 on the file of the Principal Sub Court, Thiruvananthapuram. The prayer made by the petitioner is to direct the Principal Sub Court, Thiruvananthapuram to dispose of the said appeal expeditiously. It is stated that the petitioner is aged 82 years. 3. Taking into account the facts and circumstances of the case and the age of the petitioner, the prayer made by him is just and reasonable. Accordingly, the Original Petition is allowed. The Principal Sub Court, Thiruvananthapuram shall dispose of A.S.No.109 of 2010 as expeditiously as possible. K.T.SANKARAN JUDGE csl