IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No.32398 of 2008 (F) --------------------------------- AS.49/2008 of SUB COURT, NEDUMANGAD OS.513/2005 of PRL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONER: --------------- BHASKARAN NAIR, AGED 73 YEARS S/O.RAMAKRISHNA PILLAI, ERAVINALLOOR MADATHIL VEEDU, ENIKKARA, KARAKULAM P.O.THIRUVANANTHAPURAM. BY ADV. SRI.SREEKANTH S.NAIR RESPONDENT: --------------- KRISHNAN NAIR, AGED 78 YEARS S/O. RAMAKRISHNA PILLAI,SANTHA BHAVAN, ENIKKARA, KARAKULAM P.O.,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.32398 of 2008 ------------------------------------------------ Dated this the 19th day of November, 2008 JUDGMENT Heard the counsel for the petitioner. It is submitted that the appeal A.S.49/08 filed by the respondent/plaintiff wherein the petitioner/defendant has also filed a cross appeal is pending before the Sub Court, Nedumangadu and that a direction be given to the Sub Judge, Nedumangadu to dispose of the case urgently as the petitioner is aged 73 years and the respondent is aged 78 years. I am not of the view that this is a case wherein direction has to be given to the Sub Judge to give top priority to an appeal instituted in 2008 as if there is no other work for the Sub Judge to turn out. The suit was instituted in 2005 and the age of the petitioner and the respondent were only three years less as on that date. If the petitioner so desires, he W. P. C. No.32398 of 2008 -2- may move the Sub Judge and if it is not inconvenient for him he will take up the appeal and dispose it of. However, no direction can be given by this Court in a 2008 appeal as desired by counsel for the petitioner. This writ petition is hence disposed of. K.P.BALACHANDRAN, JUDGE kns/-