IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 23913 of 2009(O) ---------------------------------------- OS.93/2004 of MUNSIFF COURT, PAYYANNUR .................... PETITIONER(S): ------------------------ P.P.SAROJINI, W/O.GOPALAN ACHARI, AGED 66 YEARS, RESIDING AT KELOTH DESOM, PAYYANNUR AMSOM. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): -------------------------- 1. M.V. PUSHPAVALLI, W/O.LATE GOPALAN ACHARI, PAYYANNUR AMSOM DESOM, PIN-670 307. 2. K.S. NISHA, AGED 29 YEARS, W/O.VASUDEVAN, MANGAD, ARAYALA, AROLI, TALIPARAMBA TALUK, PIN-670 307. 3. K.S. SHAJI, AGED 26 YEARS, S/O.LATE GOPALAN ACHARI, PAYYANNUR AMSOM DESOM, PIN-670 307. (RESPONDENTS NO. 1 TO 3 ARE THE LEGAL HEIRS OF LATE GOPALAN ACHARI) R1 TO R3 BY ADV. SRI.SUNIL V.MOHAMMED. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. HARUN-UL-RASHID,JJ. ------------------------------- W.P.(C). NO. 23913 OF 2009 ------------------------------- DATED THIS THE 22ND DAY OF SEPTEMBER, 2010 JUDGMENT The prayer in the writ petition is for a direction to the Munsiff's Court, Payyannur to hear and pass orders on Exts.P3, P4 and P5. Petitioner herein is the defendant in O.S.No.93/04 on the file of the Munsiff's Court, Payyannur. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the Munsiff's Court disposed of Exts.P3 and P4. Aggrieved by the said orders passed by the Munsiff's Court, the petitioner preferred CMA.Nos.5/2010 and 6/2010 before the Sub Court, Payyannur, which are pending consideration. In view of the said factual position, no further orders are necessary in this writ petition. Accordingly, this writ petition is dismissed as infructuous. 2 .The learned counsel for the petitioner submitted that this Court passed an interim order directing the court below to keep in abeyance the delivery until further orders and that the said order is -2- WP(C).No.23913/09 in force till date. In the circumstances, the interim order passed by this Court shall continue for a period of three weeks from today so as to enable the petitioner to move the appellate court for appropriate orders. There will be a direction to the Sub Court, Payyannur to hear and dispose of the appeals within a period of four months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv. -3- WP(C).No.23913/09