IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 23277 of 2009(O) -------------------------- AS.193/2004 of SUB COURT,KOTTARAKKARA OS.342/1987 of MUNSIFF COURT, KOTTARAKKARA .................... PETITIONER(S): ------------------------ C.VARGHESE,MUTTATHIL VEEDU,PIRAVANTHUR, PATHANAPURAM TALUK,KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S): --------------------------- 1. THANKAMMA @ ANNA MARIA,MUTTATHIL VEEDU, ALIMUKKU, PIRAVANTHUR,PATHANAPURAM TALUK, KOLLAM DISTRICT.(DIED). 2. M.THANKACHAN,MUTTENTHIL VEEDU,ALLIMUKKU, PIRAVANTHUR,PATHANAPURAM,KOLLAM DISTRICT.(DIED). 3. MATHEW,(SAJAN),MUTTATHIL VEEDU, ALIMUKKU,PIRAVANTHUR,PATHANAPURAM TALUK, KOLLAM DISTRICT. 4. JOHNSON,MUTTATHIL VEEDU,ALIMUKKU, PIRAVANTHUR,PATHANAPURAM TALUK,KOLLAM DISTRICT. 5. ALICE,MUTTATHIL VEEDU,ALIMUKKU, PIRAVANTHUR,PATHANAPURAM TALUK,KOLLAM DISTRICT. 6. LALI,MUTTATHIL VEEDU,ALIMUKKU, PIRAVANTHUR,PATHANAPURAM TALUK,KOLLAM DISTRICT. 7. V.MATHEWKUTTY,S/O.C.VARGHESE,MUTTATHIL VEEDU,PIRAVANTHUR,PATHANAPURAM TALUK, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.23277 OF 2009 -------------------------- Dated this the 24th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To direct the Subordinate Court, Kottarakara to dispose of A.S No.193/2004 within a stipulated time as directed by this Hon'ble Court. ii) To direct the Subordinate Court, Kottarakara to dispose of A.S No.193/2004 within a stipulated time as directed by this Hon'ble Court by giving preference to the petitioner as a senior citizen. W.P.(C).No.23277 OF 2009 Page numbers iii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. Petitioner is the first respondent in A.S No.193/2004 on the file of the Sub Court, Kottarakara. Respondents 1 to 6 are the legal heirs of the original plaintiff in the above suit which was one for declaration of title, possession and injunction. Suit was dismissed. But, the counter claim raised by the first defendant / petitioner in his written statement was decreed. The appeal has been preferred by respondents 3 to 6 challenging the dismissal of the suit and decreeing of the counter claim. Petitioner claiming to be a senior citizen seeks an early disposal of the appeal by issuance of appropriate orders / directions from this court to the court below, invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. W.P.(C).No.23277 OF 2009 Page numbers 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary, and it is dispensed with. A report was called from the court below to examine whether service is complete in appeal, and, if so, the time required for its disposal. The learned Sub Judge has submitted a report. After perusing the report, I find, an early disposal within a time frame fixed by this court can be ordered as the appeal is now ready for hearing and disposal. The court below is directed to dispose the appeal expeditiously giving it top priority in hearing, at any rate, before the closing of the courts for Christmas vacation. Subject to the above direction, writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE