IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 OP(C).No. 2491 of 2011(O) ------------------------- AS.79/2010 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER: ------------------------- GEORGE MATHEW, AGED 72 YEARS, S/O. LATE GEEVARGHESE GEORGE, RESIDING AT VALUKALAYIL PEEDIKAYIL HOUSE, THUMPAMON THAZHATHUMURI, MEZHUVELI VILLAGE, PATHANAMTHITTA. BY ADV. SRI.JACOB CHACKO RESPONDENT(S): ---------------------------- 1. THE KERALA STATE REPRESENTED BY THE CHIEF SECRETARY, OFFICE OF THE SECRETARIAT, PALAYAM, TRIVANDRUM-695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, ARANMULA, MULAKKUZHA.P.O., CHENGANNUR, ALLEPPEY DIST-689 305. 3. THE HEAD MASTER, GOVT. L.P.GIRLS SCHOOL THUMPAMON NORTH. KOZHENCHERRY TALUK, PATHANAMTHITTA DIST-689625. 4. GEORGE THARAKAN, CHAKKALAMANNIL KIZHAKKETHIL VEEDU, MEZHUVELI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DIST-689 649. R1 TO R3 BY ADV. SRI. T.K.SAJEEV THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.2491/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN O.S.NO.609/1987 IN E.P.NO.129/2008 OF MUNSIFF COURT, PATHANAMTHITTA. P2: COPY OF THE E.P.NO.129/2008 IN O.S.NO.609/1987 OF MUNSIFF COURT, PATHANAMTHITTA DTD. 12/12/2008. P3: COPY OF THE DELAY CONDONATION PETITION IN I.A.NO.725/09 IN UNNUMBERED A.S. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2491 of 2011 --------------------------------------- Dated this 02nd day of August, 2011 JUDGMENT Learned Government Pleader takes notice for respondents 1 to 3. 2. Petitioner is the fifth respondent in A.S.No.79 of 2010 of the Court of learned District Judge, Pathanamthitta. That appeal arises from the judgment and decree in O.S.No.609 of 1987 declaring title over plaint schedule property allowing recovery of possession and other reliefs. Petitioner and others initiated execution proceeding. Defendants filed appeal with application to condone the delay. The appeal was admitted on 27.07.2010 and now posted on 18.10.2011. Learned counsel submits that petitioner is aged about 72 years and it is likely to take long time for disposal of the appeal. The suit is of the year 1987 and the decree was obtained in the year, 2008. It is prayed that having regard to the long pendancy of the case a direction may be given to the learned District Judge to dispose of the appeal as early as possible. I have heard learned Government Pleader also. O.P(C).No.2491 of 2011 -: 2 :- 3. Without understanding the volume of work of the Court concerned it is not proper for me to issue any direction for time bound disposal though the appeal is of the year 1987 and litigation started in the year 1987, pretty long back. There must be an end for the litigation. It is pointed out that petitioner is aged about 72 years. It is only natural that he would wish to reap the fruits of the decree (if it is confirmed) during his life time. Considering these aspects petitioner is permitted to make a request to the learned District Judge for an early disposal of the appeal giving it priority and if any such request is made learned District Judge shall consider the fact that suit is of the year 1987 and pass necessary orders on the said request. With the above direction this original petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-