IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 28971 of 2010(O) -------------------------- AS.354/2009 of DISTRICT COURT,KOLLAM OS.836/2004 of ADDL.MUNSIFF COURT, KOLLAM .................... PETITIONER: --------------- UNNIKRISHNAN NAIR, S/O.LATE CHELLAPPAN PILLAI, RESIDING AT SREE RAMA PURAM,MULAVANA VILLAGE, KUNDARA PO, KOLLAM-691 501. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.C.A.ANOOP RESPONDENTS: --------------- 1. RADHAMMA, D/O.GOURI AMMA, RESIDING AT AJITH BHAVANAM, RESIDING AT KANNANKODE WARD, ADOOR VILLAGE, ADIOOR PO, KOLLAM-691 523,FROM SREERAMAPURAM VEEDU, KANJIRAKODU CHERRY, MULAVANA VILLAGE, KOLLAM. 2. SANTHADEVI AMMA, D/O.GOURI AMMA, RESIDING AT VADAKKEDUTHU PUTHEN VEEDU,NETTAYAM CHERRY, ELAMADU VILLAGE, KOTTARAKKARA-691 506, FROM SREERAMAPURAM VEEDU, KANJIRAKODU CHERRY, MULAVANA VILLAGE, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.28971 of 2010 --------------------------------------- Dated this 22nd day of September, 2010 JUDGMENT Defendant in O.S.No.836 of 2004 of the court of learned Additional Munsiff, Kollam is the petitioner before me seeking a direction for early disposal of A.S.No.354 of 2009 pending in the court of learned District Judge, Kollam. Grievance of petitioner is that for undervaluation and non payment of required court fee, plaint was rejected which respondents have challenged in A.S.No.354 of 2009, that appeal is being prolonged and respondents are having a luxury of having the appeal without payment of required court fee. It is also stated that the appeal was preferred after considerable delay. Hence direction is sought to expedite disposal of the appeal. 2. Without ascertaining the volume of work and priority of disposal of old cases if any, I do not think it proper to issue direction to the learned District Judge for early disposal of the appeal as the appeal is of the year, 2009 but, petitioner has his own grievance due to the pendancy of appeal. I therefore make it clear that it will be open to the petitioner to request learned W.P.C.No.28971 of 2010 : 2 : District Judge for early disposal of the appeal and if any request is made learned District Judge shall consider that request and pass appropriate orders. Writ petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-