IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 28888 of 2008(L) -------------------------- A.S. NOS. 82 AND 83 of 2008 of SUB COURT, PALA O.S. NOS. 226 & 233 of 2007 of MUNSIF COURT, KANJIRAPPALLY .................... PETITIONER: --------------- MATHEW, AGED 73 YEARS, S/O. JOSEPH, ERTHAYIL, KIZHAKKUMBHAGOM KARA, CHIRAKKADAVU VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT: --------------- RADHAKRISHNA PILLAI, S/O. NARAYANA PILLAI, PUTHENPURAKKAL, KIZHAKKuMBHAGOM KARA, CHIRAKKADAVU VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28888 of 2008 ========================== Dated this the 17th day of October, 2008. JUDGMENT The petitioner who claims to be a senior citizen aged 73 years, seeks a direction to the Sub Court, Pala for expeditious disposal of A.S. Nos. 82 and 83 of 2008. The petitioner was the plaintiff in O.S. No. 226 of 2007 on the file of the Munssiff's Court, Pala. He was the defendant in O.S. No. 233 of 2007 before the very same Munsiff's Court. Both the suits were jointly tried and as per common judgment dated 11.04.2008, the petitioner's suit was decreed and the respondent's suit was dismissed. Aggrieved by the judgment and decree passed in O.S. No. 226 of 2007, the respondent has preferred A.S. No. 83 of 2008 and aggrieved by the judgment and decree in O.S. No. 233 of 2007, the respondent has preferred A.S. No. 82 of 2008 before the Sub Court, Pala. The petitioner would allege that on account of the pendency of the said appeals, he is not able to effectively exercise his right of way over the pathway in question and he being a senior citizen, is desirous of getting the appeals disposed of expeditiously. 2. It is true that the senior citizens in the country are entitled to a preferential treatment with regard to their cases. But at the same W.P.(C) No. 28888/2008 : 2: time, the courts have to consider the cases of other similarly situated senior citizens who were also waiting in the queue for justice. Hence, the courts will have to evolve same principle in the matter of cases involving senior citizens. If cases involving senior citizens are pending, naturally priority will have to be given to those cases provided they are ripe for hearing and disposal. Accordingly, this writ petition is disposed of directing the Sub Court, Pala to take up for consideration and dispose of A.S. Nos. 82 and 83 of 2008 expeditiously but after giving due regard to the pressure of work of that court. But at the same time, taking not of the fact that the petitioner who is the common respondent in those two appeals is a senior citizen, the appeals shall be heard and disposed of within a period of six months of receipt of a copy of this judgment. In case the learned Sub Judge is unable to adhere to the above time limit, he shall send a report to the registry of this Court explaining the reasons as to why the above time frame could not be adhered to. This writ petition is disposed of as above. Dated this the 17th day of October, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 28888/2008 : 3: W.P.(C) No. 28888/2008 : 4: