IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 OP(C).No. 1221 of 2011(O) ------------------------- OS.155/2008 of SUB COURT, TIRUR .................... PETITIONER/PLAINTIFF IN OS. NO.155/2008 BEFORE SUB ---------------------------------------------------------------------- ALIKUTTY, AGED 65 YEARS, S/O.MAMMANLIKUTTY, KAZHUNGUMTHOTTATHIL, OLAPARAMBU NORTH, A.R.NAGAR, MALAPPURAM-636705. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR SRI.ARJUN S.RAJ RESPONDENT(S): DEFENDANTS IN OS. NO.155/2008 OF SUB COURT TIRUR --------------------------------------------------------------- 1. SYED FAZAL, AGED254 YEARS, S/O. ABOOBACKER HAJI, THAYYIL, MALAPPURAM. 2. RAYILA, AGED 23, D/O. ABOOBACKER HAJI, THAYYIL,MALAPPURAM. 3. SALMATH, AGED 20, D/O. ABOOBACKER HAJI, THAYYIL, MALAPPURAM. 4. NAJMUNNEESA, AGED 14, MINOR, REP. BY HER GUARDIAN, ABOOBACKER, HAJI, THAYYIL MALAPPURAM. 5. MANOLA, PATHUMMA, AGED 45, W/O. ABOOBACKER HAJI, THAYYIL, MALAPPURAM. 6. ABDUL BASHEER, AGED 35, S/O. KUNJUMOHAMMED HAJI, THEKKEVEETTIL HOUSE, MALAPPURAM. 7. SAIDALAVI, (DIED) S/O. MOIDEEN, THAYYIL,MALAPPURAMA (ALREADY SUPPLEMENTED0. 8. MOOSA, AGED 61, S/O. MOIDEEN, THAYYIL MALAPPURRAM, MALAPPURAM DIST. OPC 1221/11 -2- 9. USSAIN, AGED 59,S/O.MOIDEEN, THAYYIL, MALAPPURAM, MALAPPURAM DIST. 10. PATHUMMA, (DIED), W/O. SAIDALAVI, THAYYIL, MALAPPURAM, MALAPPURAM DISTRICT. 11. AAMI, AGED 66, D/O. MOIDEEN, THAYYIL HOUSE, TIRURANGADI TALUK, IRINGALLOOR AMSOM, PARAPPOOR DESOM, MALAPPURAM. 12. HAMSA, AGED 30, S/O. SAIDALAVI, THAYYIL, MALAPPURAM, MALAPPURAM DISTRICT. 13. AAYI SYAMU, AGED 42, S/O.SAIDALAVI, THAYYIL, MALAPPURAM, MALAPPURAM DIST. 14. KHADEEJA, AGED 37, D/O. SAIDALAVI, THAYYIL, MALAPPURAM, MALAPPURAM DIST. 15. SHERIF, AGED 26 YEARS, S/O. SADALAVI, THAYYIL, MALAPPURAM, MALAPPURAM DIST. 16. KUNJIPATHUTTY, AGED 60 YEARS, W/O. SADALAVI, THAYYIL, MALAPPURAM, MALAPPURAM DIST. 17. MUHAMMED, AGED 45, S/O. CHALIKUNJALANKUTTY, CHALIL, MALAPPURAM DISTRICT. 18. MOIDEEN KUTTY, AGED 35, S/O. CHALILKUNJALANKUTTY, CHALIL, MALAPPURAM DISTRICT. 19. ASSAIN, AGED 30, S/O. CHALIKUNJALANKUTTY CHALIL, MALAPPURAM DISTRICT. 20. AAYI SYAMU, AGED 40, W/O. PALAPETTY MUHAMMED, MALAPPURAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- OP(C) No.1221 of 2011 ------------------------------------- Dated this the 25th day of March 2011 Judgment The petitioner filed OS No.55/08 before the Sub Court, Tirur for partition. In fact, the suit was filed as OS No.183/98 before the Munsiff's Court, Parappanangadi. Later, on the objection raised by the defendants, the matter was transferred to the Sub Court, Tirur. The petitioner points out that the suit has been pending for a long time and it is causing considerable injuries to him. According to him, all steps are complete and the suit is ripe for trial. The petitioner, therefore, prays that there may be a direction to the Sub Court, Tirur to dispose of the suit as expeditiously as possible. 2. In the nature of the order that is proposed to be passed in this petition, it is felt that notice to the respondents is unnecessary. Considering the fact that the suit is of the year 2008, it is only just and proper that the OPC 1221/11 2 prayer of the petitioner be granted. In the result, there will be a direction to the Sub Court, Tirur to take up OS No.155/08 immediately after summer vacation and dispose of the same as expeditiously as possible, at any rate, within six months from the date of re-opening of the court after summer vacation. The OP(C) is disposed of as above. P.Bhavadasan, Judge sta OPC 1221/11 3