IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3562 of 2010(O) ------------------------- AS.87/2008 of PRINCIPAL SUB COURT,ATTINGAL OS.240/2005 of MUNSIFF COURT,VARKALA .................... PETITIONER(S): --------------- LALI, D/O.SANTHA, BHAVANI BHAVAN, NEAR MUNICIPAL OFFICE, ATTINGAL. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- 1. SASIDHARAN, S/O.SIVAN PILLAI, VAYAVALI THODI VEEDU, EDAVA VILLAGE. 2. VISHNU, S/O.SASIDHARAN, AGED 14 OF REPRESENTED BY SASIDHARAN, T.C.30/1686, CHAYAKUDI ROAD, PETTAH VILLAGE, THIRUVANANTHAPURAM. 3. SARATH, S/O.SASIDHARAN, AGED 14 OF REPRESENTED BY SASIDHARAN, T.C.30/1686, CHAYAKUDI ROAD, PETTAH VILLAGE, THIRUVANANTHAPURAM. 4. SANTHA, D/O.BHAGEERATHI, MATHAN VILAKOM VEEDU,ANCHUTHENGU.P.O, KADAKKAVOOR VILLAGE. 5. RAVEENDRAN, AGED 75, MATHAN VILAKOM VEEDU, ANCHUTHENGU.P.O, KADAKKAVOOR VILLAGE. 6. RAJEEV, S/O.RAVEENDRAN, JANANI NIVAS NEAR MUNCIPAL OFFICE, ATTINGAL, THIRUVANANTHAPURAM. 7. SHEELA, D/O.SANTHA, MATHAN VILAKOM VEEDU, ANCHUTHENGU.P.O, KADAKKAVOOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C ) No. 3562 of 2010 * * * * * * * * * * * * * * * * * * Dated: 3rd February, 2010 JUDGMENT The 4th defendant in O.S. No. 240 of 2005 on the file of the Munsiff Court, Varkala is the Writ Petitioner herein. The said suit instituted by respondents 1 to 3 was one for partition and separate possession of their half share over the plaint schedule property. The plaintiffs are the husband and children of one Rajalekshmi who died prior to the suit. The said Rajalekshmi along with defendants 3 and 4 are the children of defendants 1 and 2. The trial court passed a preliminary decree on 31-12-2006 holding that the Writ Petitioner is not entitled to a share over the properties. Aggrieved by the preliminary decree the petitioner claims to have filed an appeal before the Sub Court, Attingal as A.S. No. 87 of 2009 with a petition to condone the delay of 646 days. The grievance of the petitioner is that the lower appellate court is yet to take up the application to condone the delay for hearing and in the meanwhile the final decree proceedings are being continued. She, therefore, prays for a disposal of the appeal and a direction to stay all further proceedings in O.S. No. 240 of 2009. W.P.(C) 3562 of 2010 -:2:- 2. In the fitness of things, the Sub Court, Attingal should take up for consideration the petition to condone the delay in filing the appeal (A.S. 37 of 2008) and pass appropriate orders in accordance with law and in case, the delay is condoned, take up the appeal A.S. No. 87 of 2009 and pass appropriate orders in the said appeal. This Writ Petition is accordingly disposed of directing the Sub Court, Attingal to take up for consideration the petition to condone the delay in filing A.S. No. 87 of 2009 and dispose of the same after giving an opportunity of being heard to both sides within two months of receipt of a copy of this judgment. The passing of the final decree in O.S. 240 of 2005 on the file of the Munsiff's Court Varkala shall be kept in abeyance till the disposal of the delay petition. It is made clear that all other proceedings in the final decree proceedings can go on except the actual passing of the final decree. V. RAMKUMAR, (JUDGE) ani. W.P.(C) 3562 of 2010 -:3:-