IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 17610 of 2009(O) --------------------------------------- AS.185/2005 of SUB COURT,KOTTARAKKARA OS.395/1999 of MUNSIFF COURT, PUNALUR .................... PETITIONER(S): ---------------------- KUNJUMON, AGED 48, S/O. KOCHU KUNJU, PONNAM PADIKKAL PUTHEN VEEDU, PUCHIRIMUKKU, EROOR VILLAGE, EROOR MURI, PATHANAPURAM TALUK. REP. BY POWER OF ATTORNEY, ANNAMMA KUNJUMON. BY ADV. MR.PRAVEEN K. JOY RESPONDENT(S): ------------------------ SAJEEVAN, AGED ABOUT 38 YEARS, S/O. KOCHU KUNJU, PONNAMPADIKKAL PUTHEN VEEDU, PANAYAMKARA, EROOR VILLAGE, PATHANAPURAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.C.No.17610 OF 2009 -------------------------- Dated this the 7th day of July 2009 ------------------------------------- JUDGMENT The petitioner is the defendant in O.S No.91/2005 on the file of the Munsiff Court, Punalur. Suit was one for partition in which after trial a preliminary decree was passed. From the preliminary decree an appeal had been preferred, and it is pending as A.S 185/2005 in Sub Court Kottarakara. Petitioner seeks directions / orders from this court to Sub Court Kottarakara for expeditious disposal of A.S No.185/2005 invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. A report was called from the court below to ascertain whether service is over in the above appeal and, if so, is it ready for disposal. Report is received. Having regard to the facts and W.P.C.No.17610 OF 2009 2 circumstances involved and taking note of the submissions made by the counsel for the petitioner I find no notice to the respondents is necessary, and it is dispensed with. 3. The report of the learned Sub Judge reveals that service is complete in the appeal and it is ready for hearing. All the same it is also stated that appeals from 1993 onwards is pending before that court. The learned Sub Judge submits in the report that the appeal can be heard and disposed at the earliest not later than 23/12/2009. Considering the statement made in the report I direct the learned Sub Judge to hear and dispose the appeal before closing of the court for the Christmas vacation. The writ petition is disposed as above. Sd/- S.S.SATHEESACHANDRAN, /TRUE COPY// JUDGE P.A TO JUDGE VDV