IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 OP(C).No. 2221 of 2011(O) -------------------------------- OS 352/1989 AND OS.131/1990 of MUNSIFF COURT, THALASSERY .................... PETITIONER -------------- KOOLIKKULANGARA SUKUMARAN, S/O.LATE K.K.CHANDUKUTTY, K.K.HOUSE, MUZHUPPILANGAD AMSOM DESOM, MUZHUPPILANGAD (PO), THALASSERY, KANNUR DISTRICT, PIN-670 662. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S): -------------------- 1. K.T.SHAMSUDHEEN, S/O.MOHAMMED, BUSINESS, IRIVERY AMSOM, KANAYANNUR DESOM, IRIVERY (PO), KANNUR DT., PIN-670 614. 2. C.P.HAMZA, S/O.ABDURAHIMANKUTTY, BUSINESS, MUZHUPPILANGAD AMSOM DESOM, MUZHUPPILANGAD (PO), THALASSERY, KANNUR DISTRICT, PIN-670 662. 3. C.P.MAYAN ALI, S/O.POCKER, BUSINESS, MUZHUPPILANGAD AMSOM DESOM, MUZHUPPILANGAD (PO), THALASSERY, KANNUR DISTRICT, PIN-670 662. 4. NARAYANI, D/O.DEVAKI, MUZHUPPILANGAD AMSOM DESOM, MUZHUPPILANGAD (PO), THALASSERY, KANNUR DISTRICT, PIN-670 662. 5. PADMAVATHI, D/O.DEVAKI, DO. DO. 6. KAMALAKSHI, D/O.DEVAKI, DO. DO. svs .............2/-.... ...2... OPC.NO.2221/2011 7. SHEELAVATHI, D/O.DEVAKI, DO. DO. 8. PAVITHRAN, S/O.DEVAKI, DO. DO. 9. KAKKARAYIL SAROJINI, W/O.LATE BHASKARAN, DO. DO. 10. SURESH BABU, S/O.LATE BHASKARAN, DO. DO. 11. GEETHA, D/O.LATE BHASKARAN, DO. DO. 12. GIRIJA, D/O.LATE BHASKARAN, DO. DO. 13. JAGADISH, S/O.LATE BHASKARAN, DO. DO. 14. SANTHA, W/O.LATE SADANANDAN, "KRISHNA KRIPA", KEEZHTHALI, P.O.THAZHECHOWA, KANNUR DISTRICT, PIN-670 018. 15. MURALI, S/O.LATE SADANANDAN, DO. DO. 16. PRASHANTH, S/O.LATE SADANANDAN, DO. DO. 17. PRAMOD, S/O.LATE SADANANDAN, DO. DO. 18. PRASEEDA, D/O.LATE SADANANDAN, DO. DO. 19. PRAJITH, S/O.LATE SADANANDAN, DO. DO. 20. JAYARAJAN.T, S/O.LATE ROHINI, `SWAPNAKKOODU', MUNDAYAD (PO), KANNUR (DT), PIN-670 594. 21. RAJEEVAN.G.V, S/O.LATE ROHINI, VALIYA CHALIL HOUSE, THENNADA CHALAD (PO), KANNUR (DT), PIN-670 014. 22. PREETHA.G.V, D/O.LATE ROHINI, KRIPA NIVAS, THOTTADA (PO), KANNUR (DT), PIN-670 007. 23. REETHA.G.V, D/O.LATE ROHINI, ROHINI NILAYAM, MAMBRAM (PO), PINARAYI, KANNUR (DT), PIN-670 643. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2221/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SKETCH OF THE PLAINT SCHEDULE PROPERTY IN O.S.352/1989. P2: COPY OF THECOMON JUDGMENT IN A.S. 221 AND 221 OF 1992 OF THE DISTRICT COURT, THALASSERY DATED 28/02/1994. P3: COPY OF THE CPMMON JUDGMENT IN C.M.A. 10 AND 64 OF 1994 OF THIS HONOURABLE COURT DATED 23/02/2006. P4: COPY OF THE RPORT FILED BY THE ADVOCATE COMMISSIONER ON 18/11/2008. P5: COPY OF THE OBJECTION DATED 21/02/2009 FILED BY THE PETITIONER. P6: COPY OF THE OBJECTION DATED NIL FILED BY THE 3RD RESPONDENT P7: COPY OF THE REPORT FILED BY THE ADVOCATE COMMISSIONER ON 30/09/2009. P8: COPY OF THE OBJECTION DATED 21/02/2009 FILED BY THE PETITIONER. P9: COPY OF THE OBJECTIONS DATED NIL FILED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2221 of 2011 -------------------------------------- Dated this the 12th day of July, 2011. JUDGMENT Petitioner is the plaintiff in O.S.No.352 of 1989 and the eighth defendant in O.S.No.131 of 1990 of the court of learned Munsiff, Thalassery. The suits concerned properties claimed by the respective parties and it involves dispute regarding identity as well though, O.S.No.131 of 1990 is one for a decree for prohibitory injunction. The prayer in this petition is to direct learned Munsiff to dispose of the suits as early as possible. 2. Learned counsel submitted that the common judgment and decree of learned Munsiff were interfered with by the first appellate court by Ext.P2, judgment entering certain findings and directing the trial court to take further steps based on the said findings. There was also a direction to the learned Munsiff to dispose of the suits at any rate before 28.02.1994. The judgment and decree of the first appellate court were challenged in this Court in C.M.A.Nos.10 of 1994 and 67 of 1994 and those appeals were dismissed on 23.02.2006. Grievance of petitioner is that even thereafter and after a lapse of about five years the suits are not disposed of . 3. On hearing learned counsel, it appears to me that dispute regarding identity of property is involved and that has to be resolved. In the circumstances it is not possible for me to issue any direction for time bound OP(C) No.2221/2011 2 disposal of the suits. But it is needless to say that the suits being of the years 1989 and 1990, the same are to be disposed of as early as possible. Proceedings are to be expedited. I make it clear that it is open to the petitioner to request learned Munsiff to expedite the proceeding. If any such request is made learned Munsiff shall consider the same and pass appropriate orders having regard to the oldness of the suits and the direction the first appellate court has issued that the suits are to be disposed of before 28.02.1994. This Original Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks