IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 16171 of 2010(O) -------------------------- OS.429/2005 of MUNSIFF'S COURT, THIRUVALLA .................... PETITIONER/1ST RESPONDENT IN OS: --------------- M.K.RAVEENDRAN, S/O.NARAYANAN, AGED 63 YEARS, VALIYAMADACKAL VEETIL, MALLAPPALLY MURI, MALLAPPALLY VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAJITH KUMAR V. RESPONDENTS: --------------- 1. N.SADASIVAN, S/O.NARAYANAN, AGED 68 YEARS, VALIAMADACKAL VEETIL, MALLAPALLY MURI, MALLAPALLY VILLAGE, PATHANAMTHITTA DISTRICT. 2. AMMUKUTTY,D/O.KALYANI AMMA, AGED 65 YEARS, KOOVAPPUZHA VEETIL, EDAYIRIKKAPUZHA MURI, KANGARA VILLAGE, -DO- -DO- 3. RATNAMMA, D/O.KALYANI AMMA, AGED 59 YEARS, EYALIL VEETTIL, VELLAVOOR MURI, KANGAZHA VILLAGE, -DO- -DO- 4. SARALA, D/O.KALYANI AMMA, AGED 57 YEARS, RAJESH BHAVAN, EANTHAYAR MURI, EANTHAYAR VILLAGE, -DO- -DO- 5. THULASIBHAI, D/O.KALYANI AMMA, AGED 55 YEARS, KALARICKAL VEETIL, KULATHOOR MURI, KOTTANGAL VILLAGE, -DO- -DO- 6. RAMANAN, S/O.DAMODARAN, AGED 48 YEARS, ADHITHYA VEETIL, MALLAPPALLY MURI, MALLAPPALLY VILLAGE, -DO- -DO- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.16171 of 2010 --------------------------------------- Dated this 26th day of May, 2010 JUDGMENT Petitioner entered into an agreement for sale of his property with one Ramanan on 08-07-2005. According to the learned counsel, respondent No.1 filed O.S.No.429 of 2005 thereafter in the Munsiff court, Thiruvalla for partition of properties including the property covered by the agreement. That suit was resisted by petitioner/defendant No.1 contending that family properties had already been partitioned as per decree in O.S.No.402 of 1984 and the share allotted to respondent No.1/plaintiff was already sold by him and hence no property is available for partition as claimed in O.S.No.429 of 2005. That suit was transferred to Munsiff's court, Thiruvalla and renumbered as O.S.No.147 of 2008. In the meantime respondent filed O.S.No.65 of 2007 against the petitioner in the Sub Court, Thiruvalla for specific performance of the agreement for sale since on account of pendancy of O.S.No.429 of 2005 petitioner was not able to honour his commitment under the agreement for sale. In view of pendancy of that suit, O.S.No.147 of 2008 of the Munsiff's Court, Ranni was transferred to the Sub Court, Thiruvalla for joint trial with O.S.No.65 of 2007. W.P.C.No.16171 of 2010 : 2 : In that court O.S.No.147 of 2008 was renumbered as O.S.No.88 of 2010. Petitioner states that he is indebted, he has to send his daughter in marriage after settling the liability and for all those purposes an early disposal of the suit is necessary. Having regard to the facts and circumstances I direct the learned Sub Judge to dispose of O.S.No.65 of 2007 and O.S.No.88 of 2010 at the earliest after completing the pre trial steps. The writ petition is disposed of accordingly. (THOMAS P JOSEPH, JUDGE) Sbna/-