IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 4947 of 2009(L) ------------------------- OS.394/2007 of FIRST ADDITIONAL SUB COURT,THRISSUR .................... PETITIONER(S): --------------- BABY @ MUKUNDAN, S/O. LATE PARAYIL KRISHNAN EZHUTHACHAN, AKAMALA DESOM, ENGHAKKAD VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): --------------- 1. SASIDHARAN, S/O. LATE PARAYIL KRISHNAN EZHUTHACHAN, AKAMALA DESOM, ENGHAKKAD VILLAGE, THALAPPILLY TALUK. 2. PREMACHANDRAN, S/O. LATE PARAYIL KRISHNAN EZHUTHACHAN, AKAMALA DESOM, ENGHAKKAD VILLAGE, THALAPPILLY TALUK. 3. VIJAYALKSHMI, W/O. LATE PARAYIL GOVINDAN, AKAMALA DESOM, ENGHAKKAD VILLAGE, THALAPPILLY TALUK. 4. BINDU, D/O. LATE PARAYIL GOVINDAN, AKAMALA DESOM, ENGHAKKAD VILLAGE, THALAPPILLY TALUK. 5. VINOD, S/O. LATE PARAYIL GOVINDAN, AKAMALA DESOM, ENGHAKKAD VILLAGE, THALAPPILLY TALUK. 6. BEENA, D/O.LATE PARAYIL GOVINDAN, AKAMALA DESOM, ENGHAKKAD VILLAGE, THALAPPILLY TALUK. ADV. SRI.K.G.BALASUBRAMANIAN FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 4947/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF IA NO.3282/2007 IN OS NO.394/2007 ON THE FILE OF SUB COURT, THRISSUR FILED BY THE PETITIONER. EXT.P2: COPY OF IA NO.2216/2007 IN IA NO.3282/0007 IN OS NO.394/2007 ON THE FILE OF SUB COURT, THRISSUR FILED BY THE PETITIONER. EXT.P3: COPY OF THE COMMISSION REPORT IN OS NO.394/2007 ON THE FILE OF SUB COURT, THRISSUR. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.4947 of 2009 --------------------------------------------- Dated this the 16th day of March, 2009 JUDGMENT The petitioner is the first defendant in O.S.No.394 of 2007 on the file of the First Additional Sub Court, Thrissur. The suit is for partition. It is stated that the extent of property involved in the suit is 23 Acres. On 14.6.2007, the petitioner filed I.A.No.3282 of 2007 for appointing a receiver. The grievance of the petitioner is that though the receiver application was heard on 19.6.2008 and posted for orders on 14.7.2008, it was reopened for a fresh hearing and it was posted to 27.2.2009 and still no final orders have been passed in that application. The relief prayed for in the Writ Petition is to issue a direction to the court below to dispose of I.A.No.3282 of 2007 expeditiously. 2. After having heard the learned counsel for the petitioner and the learned counsel appearing for the respondents, I am of the view that a direction can be issued to the First Additional Sub Court, Thrissur to consider and dispose of I.A.No.3282 of 2007 in O.S.No.394 of 2007 expeditiously and preferably before 30th June 2009. I do so. The Writ Petition is disposed of accordingly. K.T.SANKARAN, JUDGE csl