IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 12231 of 2009(O) ---------------------------------------- OS.41/2002 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONER(S): ------------------------ BADARUDEEN, AGED 54 YEARS, S/O. LATE. FAKEER RAWTHER, 11/387, ROBINSON ROAD, PALAKKAD. BY ADVS.MR.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): ------------------------- 1. AZEEZ, AGED 51 YEARS, S/O. LATE FAKEER RAWTHAR, MANAKULAGARAPARAMBIL HOUSE, KHASRANNA NAGAR,MUKUNDAPURAM TALUK. 2. SUDEP, S/O. LATE FAKEER RAWTHER, MANAKULANGARAPARAMBIL HOUSE, FATHIMA MANZIL, KONOOR, NLUKETTU, THRISSUR. 3. JINSHA, S/O LATE FAKEER RAWTHER, MANAKULANGARAPARAMBIL HOUSE, PALAMURI KONOOR, NALUKETTU. 4. SULEKHA @ CHELLAMMA, W/O. M.M.A.RAZAQ, KALAKATTU HOUSE, SUVARNA, MANALINE, ALUVA, THOTTAKKATTUKARA, ERNAKULAM. 5. KADEEJABEEVI @ THAJU, W/O. KADARSHA, KANIRAPARAMBIL, THAZHEKKADU P.O., PARAMBI ROAD IRINJALAKUDA. 6. M.P. ISMAIL, S/O. LATE FAKEERRAWTHER, MANAKULANGARA PARAMBIL HOUSE, PALAMURI, KONOOR.P.O NALUKETTU, NOW RESIDING AT M.P. ISMAIL, LEGAL ADVISER VAIDYUTHI BHAVAN, PATTO, TRIVANDRUM. W.P.(C) NO.12231/2009 7. BISIJAN @ AMMINI, W/O. BASHEER, KALLIKUNNIL HOUSE MANGATTUKAVALA,THODUPUZHA. 8. M.F. SHAJAHAN, MANAKULANGARA HOUSE, S/O. FAKEER RAWTHER, MURINGOOR.P.O., THRISSUR. 9. M.F.SIMI, W/O. P.Y. SHAJI, C/O. MADHYAMAM HAMED, PUTHANEETTIL HOUSE, MANAKODI.P.O., NOW ADDRESS NEAR VANITHA POLITECHNIC, NEDUPUZHA, THRISSUR. 10. M.F.MINU, D/O.LATE FAKEER RAWTHER, MANAKULANGARA PARAMBIL HOUSE, PALAMUR, KONOOR, NALUKETTY, THRISSUR. R1 & R2 BY ADVS . MR.K.I.ABDUL RASHEED, MR.K.A.SHAMSUDEEN R6 BY MR.M.HAMZA RAWTHER, MR.V.K. PEER MOHAMMED KHAN. R4 BY MR.P.SREEKUMAR, MR.K.S.MANU (PUNUKKONNOOR). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.12231 OF 2009 -------------------------- Dated this the 28th day of July 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To issue an appropriate writ, order or direction directing the Principal Subordinate Judge, Irinjalakuda to appoint an Advocate Commissioner in the final decree proceedings and pass final decree in O.S 41/2002 within the time frame fixed by this Hon'ble Court. ii) To issue an appropriate writ, order or direction directing the Principal Subordinate Judge, Irinjalakuda to hear and dispose of Ext.P4 application for appointment of receiver within time W.P.(C).No.12231 OF 2009 Page numbers frame fixed by this Hon'ble Court. 2. Petitioner is the plaintiff in O.S 41/02 on the file of the Principal Sub Court, Irinjalakkuda. Suit is one for partition and the respondents are the defendants. A preliminary decree was passed in the suit as early on 23/05/2001. An application moved by the petitioner for passing a final decree soon thereafter is still pending awaiting the execution of a commission by an advocate commissioner appointed to measure the suit property and prepare a plan specifying the for allotment of shares in tune with the preliminary decree. Petitioner has therefore approached this court filing this petition seeking the issue of orders / directions to the court below for an expeditious disposal of the final decree proceedings, invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. W.P.(C).No.12231 OF 2009 Page numbers 3. A report from the court below was called for to ascertain whether the steps are completed in the proceedings and if so, the time required for its disposal. It is reported that there are nine items of properties, and the commissioner appointed afresh since the commissioner appointed earlier had returned the order without executing the commission. A commissioner was appointed afresh only on 21/05/2009 and the report is awaited. Petitioner has produced a copy of the order sheet in the final decree proceedings, as Ext.P5 in the writ petition. The postings given in Ext.P5 reveal from time to time the case had been sent over to the adalath for settlement, but, without any fruitful purpose. It appears one or more of the defendants making representation before the court, that, a settlement was possible had been getting reference to the adalath time and, again, but, with no useful purpose. Perhaps the reference was made only to prolong the litigation. What ever that be, W.P.(C).No.12231 OF 2009 Page numbers having regard to the postings of the case as seen from Ext.P5, I direct the learned Sub Judge to monitor further proceedings of the case and to see that it is disposed of as expeditiously as possible, at any rate within a period of six months from the date of receipt of a copy of this judgment. Appropriate directions or instructions shall be given to the advocate commissioner and if necessary, to the revenue authorities as well deputed to assist the commissioner to see that a report and plan is filed before the court at an early date. 4. Hand over a copy of the order to the counsel for the petitioner on usual terms and transmit a copy to the court below. W.P.(C).No.12231 OF 2009 Page numbers 5. Writ petition is disposed with the direction as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv