IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 OP(C).No. 656 of 2011(O) ------------------------ OS.310/1989 of II ADDL.SUB COURT,KOZHIKODE .................... PETITIONER: ------------------ BHARGAVI AMMA, AGED 83 YEARS, W/O.LATE T.C.RAGHAVAN NAIR,"SREE NILAYAM", MUZHIPURATH, P.O. KODUVALLY, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. E.T.SWARNALATHA, D/O.LATE T.G.RAGHAVAN NAIR, SABIJA SADAN, P.O.MAVOOR, KOZHIKODE- 673571. 2. E.T.RAJENDRAN NAIR, S/O.LATE T.C.RAGHAVAN NAIR, "SREE NILAYAM", MUZHIPURATH, P.O.KODUVALLY, KOZHIKODE TALUK, PIN 673572. 3. E.T.RADHA, D/O.LATE T.C.RAGHAVAN NAIR PURAYATTU HOUSE, P.O.KOTTOOLI, KOZHIKODE-673572. 4. E.T.PRABHAVATHI, D/O.LATE T.C.RAGHAVAN NAIR, KIZHAKKAYIL, P.O.KOTTOOLI, KOZHIKODE-673572. 5. T.C.USHAKUMARI, D/O.LATE T.C.RAGHAVAN NAIR, 'ASA APPARATUS FLAT', PANNIAMKARA AMSOM DESOM, KOZHIKODE-673571. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- O.P.(Civil) No.656 of 2011 ---------------------------------- Dated this the 23rd day of February, 2011 JUDGMENT The petitioner is the third defendant in O.S.No.310 of 1989 on the file of the court of the Second Additional Sub Court, Kozhikode. The suit is filed by the daughter of the petitioner for partition. A preliminary decree was passed in the suit. A.S.No.431 of 1995 was filed by the first defendant before the High Court challenging the preliminary decree. The appeal was disposed of on 8.1.2010 and the case was remanded to the trial court for fresh disposal. The appellate court directed the learned Subordinate Judge to give top priority to the case. The suit is still pending. 2. The relief prayed for in the Original Petition is to direct the Second Additional Sub Court, Kozhikode to dispose of O.S.No.310 of 1989 expeditiously. It is stated O.P.(C) No.656/2011 2 that the petitioner is aged 83 years. 3. In the peculiar facts and circumstances of the case and taking into account the advanced age of the petitioner and the fact that the suit of the year 1989, I am of the view that the request is to be granted. Accordingly, the Original Petition is disposed of directing the Second Additional Sub Court, Kozhikode to dispose of O.S.No.310 of 1989, as expeditiously as possible, and at any rate, within a period of six months. K.T.SANKARAN JUDGE csl