IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 OP(C).No. 3233 of 2011(O) ------------------------- AS.31/2009 of PRL.S.C.,THALASSERY OS.507/2007 of PRL.M.C.,KANNUR .................... PETITIONERS (S) : ------------------------- 1. KAKKARAYIL LAKSHMI, W/O.GOPALAN, AGED 82 YEARS, NO OCCUPATION, RESIDING AT KAKKARAYIL HOUSE, PATEL ROAD, P.O.CHIRAKKAL. 2. KAKKARAYIL OMANA, D/O.GOPALAN, AGED 50 YEARS, NO OCCUPATION, RESIDING AT KAKKARAYIL HOUSE, PATEL ROAD, P.O.CHIRAKKAL. 3. KAKKARAYIL USHA, D/O.GOPALAN, AGED 48 YEARS, NO OCCUPATION, RESIDING AT KAKKARAYIL HOUSE,PATEL ROAD, P.O.CHIRAKKAL. 4. KAKKARAYIL SUCHITRAN, S/O.GOPALAN, AGED 39 YEARS, JEWELLERY WORKS, RESIDING AT KAKKARAYIL HOUSE, PATEL ROAD,P.O.CHIRAKKAL. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. KAKKARAYIL MOHANAN, S/O.GOPALAN, AGED 52 YEARS, WATCH REPAIRER, BHARATH WATCH WORKS, RESIDING AT KAKKARAYIL HOUSE, CHELERI AMBALAM, P.O.KOLECHERY, KANNUR DISTRICT, PIN 670601. 2. KAKKARAYIL SUGUNAN, S/O.GOPALAN, AGED 45 YEARS, JEWELLERY WORKS, NOW RESIDING AT KAKKARAYIL HOUSE, PATEL ROAD, P.O.CHIRAKKAL, KANNUR DISTRICT-670011. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3233 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS :- EXHIBIT-P1. A TRUE PHOTOCOPY OF THE PRELIMINARY DECREE DATED 29.9.2008 IN O.S.NO.507/07. EXHIBIT-P2. A TRUE PHOTOCOPY OF THE JUDGMENT ISSUING THE APPEAL MEMORANDUM IN A.S.NO.31/09. EXHIBIT-P3. A TRUE PHOTOGRAPH SHOWING THE PRESENT POSITION OF THE HOUSE. EXHIBIT-P3(a). A TRUE PHOTOGRAPH SHOWING THE PRESENT POSITION OF THE HOUSE. RESPONDENTS' EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3233 of 2011 ==================================== Dated this the 10th day of October, 2011 J U D G M E N T Petitioners are the respondents in A.S. No.31 of 2009 of the court of learned Principal Sub Judge, Thalassery arising from the preliminary decree for partition in O.S. No.507 of 2007 of the court of learned Principal Munsiff, Kannur. Grievance of petitioners is that learned Sub Judge has granted stay in A.S. No.31 of 2009, the preliminary decree reserves the house in item No.2 of the plaint schedule to the petitioners, that house is in a dilappidated condition, its roof is leaky, it is not in a habitable condition, first petitioner is aged 82 years and the daughter of 4th petitioner is seriously ill and immobile. The final decree proceedings are reported to be at the final stage. In the circumstances pendency of the appeal is causing much inconvenience to the petitioners. Petitioners therefore request to issue a direction to the learned Sub Judge to dispose of the appeal expeditiously. 2. Having heard counsel for petitioners and having regard to the circumstances, learned Sub Judge, Thalassery is O.P(C) No.3233 of 2011 -: 2 :- directed to dispose of A.S. No.31 of 2009 as early as possible if steps in that appeal are over. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv