IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 OP(C).No. 2437 of 2011(O) --------------------------------- OS.245/2010 & 269 OF 2010 of MUNSIFF COURT, SASTHAMCOTTA .................... PETITIONER (S) --------------------------- KAMALAKSHIAMMA,AGED 88 YEARS, ATTORAZHIKATH HOUSE,KARINTHOTTUVA, SASTHAMCOTTA,KOLLAM DISTRICT. BY ADV. SRI.E.S.ASHRAF RESPONDENT(S): ------------------------- 1. VIJAYASEKHARAN PILLAI,ATTOORAZHIKATHU HOUSE,KARINTHOTTUVA,SASTHAMCOTTA,KOLLAM. 690 521. 2. SEETHA VIJAYAN,W/O.VIJAYASEKHARAN PILLAI ATTOORAZHIKATHU HOUSE,KARINTHOTTUVA, SASTHAMCOTTA,KOLLAM DISTRICT. 690 521. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(C) NO. 2437/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. 269/2010. P2:- COPY OF THE PLAINT IN OS. 245/2010 RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2437 of 2011 -------------------------------------- Dated this the 28th day of July, 2011. JUDGMENT Petitioner is a lady aged about 88 years as submitted before me and is involved in two suits – O.S.Nos.245 of 2010 and 269 of 2010 before the learned Munsiff, Sasthamcotta. Second respondent filed O.S.No.245 of 2010 against petitioner for cancellation of a settlement deed and other reliefs. Relief sought by petitioner in O.S.No.269 of 2010 as plaintiff is that documents referred to in the plaint are ab initio void and not binding on her. It is submitted that O.S.No.269 of 2010 is posted for framing issues while in O.S.No.245 of 2010 petitioner has filed written statement. Petitioner on account of advanced age seeks an early decision in the cases since according to the learned counsel, petitioner figures as prime witness in the case concerning the nature of documents she has pleaded . 2. Without understanding the volume of work of the court concerned and considering the fact that the suits are of the year 2010 it is not possible to give a direction to learned Munsiff for a time bound disposal of the suits. However learned Munsiff should be alerted about the need for expeditious disposal of the cases since petitioner is aged 88 years and she is required to give evidence in the case. OP(C) No.2437/2011 2 Resultantly this Original Petition is disposed of directing learned Munsiff, Sasthamcotta to expedite proceedings in O.S.Nos.245 of 2010 and 269 of 2010, make it ripe for trial and dispose of the cases as early as possible after pre-trial steps are over. THOMAS P.JOSEPH, Judge. cks