IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 28097 of 2008(T) -------------------------------------- CMA.NO.49/2007 OF DISTRICT COURT, THRISSUR, OS.NO.198/2002 OF SUB COURT,THRISSUR. .................... PETITIONER: ------------------- KUNJUBEEVI, W/O. LATE ALIKUTTY HAJI, VYSIAN VEETTIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK. BY ADV. MR.DILIP J. AKKARA. RESPONDENTS: ------------------------ 1. ABDUL MAJEED, S/O.LATE ALIKUTTY HAJI, VYSIAM VEETIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER SURABI, W/O. ABDUL MAJEED. 2. IBRAHIM, S/O. VYSAM VEETTIL ALIKUTTY HAJI, VYSIAM VEETIL, MANALI DESOM,CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. 3. MUHAMMED, S/O. VYSAM VEETTIL ALIKUTTY HAJI, VYSIAM VEETIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. 4. NOORUDDIN, S/O. VYSAM VEETIL ALIKUTTY HAJI, VYSIAM VEETIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. W.P.(C). NO.28097/2008-T: 5. SALIM, S/O. VYSAM VEETIL ALIKUTTY HAJI, VYSIAM VEETIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. 6. SUHARA, D/O. VYSAM VEETTIL ALIKUTTY HAJI, VYSIAM VEETIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. 7. KADIJA, D/O. VYSAM VEETIL ALIKUTTY HAJI, VYSIAM VEETIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. 8. SUBAIDA, D/O.VYSAM VEETIL ALIKUTTY HAJI, VYSIAM VEETTIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. 9. NADHEERA,D/O.VYSAM VEETTIL ALIKUTTY HAJI, VYSIAM VEETTIL, MANALI DESOM, CHIRANELLUR VILLAGE, THALAPPILLY TALUK, REP. BY POWER OF ATTORNEY HOLDER KUNJUBEEVI. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28097/2008-T: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE CMA.NO:49/2007 IN THE FILE OF THE DISTRICT COURT, THRISSUR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 28097 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 2nd day of March, 2010 JUDGMENT This writ petition is filed under Article 227 of the Constitution of India, seeking a direction to the District Court, Thrissur to dispose of C.M.A. No.49 of 2007 pending before that court. 2. It appears that the suit which was instituted by the 1st respondent for partition was dismissed for default. That was restored to file on condition of payment of cost. The condition was not complied with by the 1st respondent and the petition was dismissed. C.M.A. No.49 of 2007 was filed before the District Court, Thrissur. It is pointed out that the C.M.A. is not being disposed of so far. Therefore, the petitioner prays for a direction to dispose of the C.M.A. 3. In the light of the averments made in this petition, it is not necessary to go into the facts in detail. 4. There will be a direction to the District Court, Thrissur to dispose of C.M.A. No. 49 of 2007 as W.P.(C) No. 28097/08 2 expeditiously as possible, at any rate within one month from the date of receipt of copy of this judgment, if steps are being taken. This writ petition is disposed of as above. P.BHAVADASAN, JUDGE. mn.