IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 25061 of 2009(O) -------------------------- CMA.13/2009 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.256/2008 of MUNSIFF COURT,HARIPAD .................... PETITIONER(S): --------------- NARAYANAN.K,S/O.KRISHNAN,AGED 92, BHAGAVATHIPARAMBU VEETTIL,PALLANA MURI, THRIKKUNNAPPUZHA VILLAGE. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH RESPONDENT(S): --------------- 1. PRASANNAN,S/O.NARAYANAN,AGED 54, BHAGAVATHIPARAMBA VEETTIL,PALLANA MURI, THRIKKUNNAPUZHA VILLAGE. 2. PRASANNA KUMARI,AGED 50,D/O.NARAYANAN, PROPRIETOR,SUBASH FURNITURE AND FURNISHINGS, AARYASALA,THIRUVANANTHAPURAM FROM BHAGAVATHI PARAMBIL PALLANA VILLAGE,THRIKKUNNAPUZHA VILLAGE. 3. YESODHARAN,AGED 62,S/O.NARAYANAN, CHIRAKUZHIYIL VEETTIL,FROM BHAGAVATHI PARAMBIL, PALLANA VILLAGE,THRIKKUNNAPUZHA VILLAGE. 4. MOHANAN,S/O.NARAYANAN,AGED 55, PROPRIETOR SHYAMAKUMAR AGENCIES,KARUNAGAPALLY FROM BHAGAVATHIPARAMBIL,PALLANA VILLAGE, THRIKKUNNAPUZHA VILLAGE. 5. SARALA,D/O.NARAYANAN,AGED 66, NADEVADAKKATHIL,KLAPPANA.P.O,KOLLAM FROM BHAGAVATHIPARAMBIL,PALLANA VILLAGE, THRIKUNNAPPUZHA VILLAGE. ADV. SRI.S.VAIDYANATHAN FOR R2 TO 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: : 2 : S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.25061 of 2009 - O --------------------------------- Dated this the 23rd day of September, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To direct the additional District Court, Mavelikkara to dispose of Ext.P3 appeal, C.M.A.No.13/2009 without any delay with in a time frame to be fixed by this Honourable Court.” 2. Petitioner is one among the appellants in C.M.A.No.13 of 2009 on the file of the Additional District Court, Mavelikkara. The above appeal has been filed against an order of interim injunction granted in favour of the first respondent/plaintiff in O.S.No.256 of 2008 on the file of the Munsiff Court, Haripad. Suit is one for declaration of title and consequential injunction. Petitioner seeks issue of a direction/order to the court below for an expeditious hearing and disposal of the appeal by the learned District judge. 3. Notice was given to the respondents. Despite service of notice none of them has entered appearance. I heard the learned counsel for the petitioner. W.P.(C).No.25061 of 2009 - O 2 4. Learned counsel for the petitioner submits that the petitioner is aged 92 years and the disputes covered by the suit relate to the property covered by the bequest made by him under a will. Having regard to the age of the petitioner and also the facts and nature of the disputed involved, it is urged that the court below be directed to dispose the appeal on an early date. It is also submitted that the service on the respondents in the appeal is also completed. Considering the submissions made and taking note that the first respondent is an aged old man, I direct the learned District Judge to hear and dispose of the above appeal C.M.A.No.13 of 2009, if service is complete, as expeditiously as possible, at any rate within thirty days from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Hand over a copy of the judgment to the counsel for the petitioner and send a copy to the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-