IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 OP(C).No. 1821 of 2011(O) ------------------------------------- AS.NO. 38/2009 of SUB COURT, THALASSERY .................... PETITIONERS ---------------------- CHAKKARA JANARDHANAN, S/O. KALLIANY, AGED 60, BUSINESS, RESIDING AT THIRUVANGAD, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.M.P.VIJAYAN RESPONDENT(S): --------------- 1. MOOLAYIL CHAKKARA LAKSHMANAN, S/O. JANAKI, EX-MILITARY, RESIDING AT KURUVA, KANNUR-2, KANNUR DISTRICT. 2. M.C.SUKUMARI, D/O. JANAKI, EX-MILITARY, RESIDING AT KURUVA, KANNUR-2, KANNUR DISTRICT. 3. M.C.SAHADEVAN, D/O. JANAKI, EX-MILITARY, RESIDING AT KURUVA, KANNUR-2, KANNUR DISTRICT. 4. VELANDI MECHERY SHARADHA, W/O. LATE SUKUMARAN, AGED 76, NO OCCUPATION, RESIDING AT THIRUVANGAD THALASSERY, KANNUR DISTRICT. 5. P.M.MOHANDAS, S/O. SARADHA , RESIDING AT THIRUVANGAD THALASSERY, KANNUR DISTRICT. 6. P.M.ARUNA, D/O. SARADHA TEACHER, RESIDING AT THIRUVANGAD THALASSERY, KANNUR DISTRICT. 7. P.M.SREELATHA, D/O. SARADHA CLERK, RESIDING AT THIRUVANGAD THALASSERY, KANNUR DISTRICT. 2/- -2- OP(C)NO.1821/2011 8. CHAKKARA SAVITHRI, D/O. KALLIANY, AGED 62, RESIDING AT KANNURKARAR, KURUVA DESOM, KANNUR DISTRICT. 9. CHAKKARA SEETHA, D/O. KALLIANY, AGED 50, RESIDING AT KANNURKARAR, KURUVA DESOM, KANNUR DISTRICT. 10. CHAKKARA SATHYARAJAN, S/O. KALLIANY, AGED 47, RESIDING AT KANNURKARAR, KURUVA DESOM, KANNUR DISTRICT. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.1821/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DECREE IN OS NO.352/2007 DATED 29/10/2008. P2 COPY OF THE MEMMORANDUM OF APPEAL IN A.S.38/2009 ON THE FILE OF SUB JUDGE THALASSERY. P3 COPY OF THE RESTARATION APPLICATION IA.1937/2010 IN A.S.NO.38/2009 PENDING BEFORE SUB JUDGE THALASSERY. P4 COPY OF THE TREATMENT SUMMARIES ISSUED BY KOYILY HOSPITAL,KANNUR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1821 of 2011 --------------------------------------- Dated this 14th day of July, 2011 JUDGMENT Petitioner is the fifth respondent in A.S.No.38 of 2009 of the Court of learned Sub Judge, Thalassery. That appeal arose from the judgment and decree of learned Munsiff, Kannur dismissing O.S.No.352 of 2007. That is a suit filed by respondents 1 to 3 for a decree for prohibitory injunction. There was also another suit- O.S.No.558 of 2007 for partition which ended in dismissal against which petitioner says, there was no appeal. A.S.No.38 of 2009 was dismissed for default on 27.05.2010. Appellants therein filed I.A.No.1937 of 2010 for restoration. Petitioner states that he is a heart patient aged about 60years and pendancy of the case affects his free enjoyment of the property and hence a direction is prayed for, for disposal of the appeal with the restoration petition. 2. If the steps on I.A.No.1937 of 2010 (for restoration of the appeal) are over, necessarily learned Sub Judge has to expedite its disposal particularly taking into account grievance of petitioner that he is a heart patient aged about 60 years and pendancy of the case affects his free enjoyment of the property. O.P(C).No.1821 of 2011 -: 2 :- Resultantly this original petition is disposed of directing learned Sub Judge, Thalassery to dispose of I.A.No.1937 of 2010 in A.S.No.38 of 2009 (if there is no legal impediment in doing so) as early as possible if the preliminary steps on that application are over. (THOMAS P JOSEPH, JUDGE) Sbna/-