IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29195 of 2009(O) --------------------------------------- OS.244/2008 of MUNI-MAGI.COURT,THODUPUZHA .................... PETITIONER(S): ----------------------- SARAMMA VARGHESE, AGED 66 YEARS, D/O. VARGHESE KUZHIKATTUKUNNEL PURAPPUZHA VILLAGE, THODUPUZHA TALUK, NOW RESIDING AT NEDUMALAYIL HOUSE, PALAKUZHA.P.O., KOOTHATTUKULAM. BY ADV. MR.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): ------------------------- 1. M.V.SCARIA, S/O. VARGHESE, AGE 58 YEARS KUZHIKATTUKUNNEL PURAPPUZHA VILLAGE, THODUPUZHA TALUK. 2. MARIYAKUTTY, D/O. VARGHESE, AGE 68 , KUZHIKATTUKUNNEL, PURAPPUZHA VILLAGE, THODUPUZHA TALUK. 3. MARY, D/O. VARGHESE, AGED 60 YEARS, KUZHIKATTUKUNNEL PURAPPUZHA VILLAGE, THODUPZHA TALUK, NOW RESIDING AT KAVARAYIL HOUSE, ERUMBANAM.P.O., THRIPUNITHURA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.29195 OF 2009 -------------------------- Dated this the 16th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of mandamus or other appropriate writ, order or direction directing the Hon'ble Munsiff Court, Thodupuzha to try and dispose of O.S 244/2008 and O.S No.293/2008 within a short definite time frame. ii) Grant such other reliefs as may be prayed for and the Court may deem fit to grant. iii) Grant the cost of this Writ Petition. 2. Petitioner is the plaintiff in O.S No.293 of 2008 in which a decree of injunction is sought for against the first respondent, and she is one among the defendants in O.S No.244 of 2008 filed by the first respondent seeking a decree of partition in which the other respondents are W.P.(C).No.29195 OF 2009 Page numbers codefendants. Petitioner seeks an expeditious disposal of the two suits submitting that she is an old unmarried handicapped lady and she desires to have an early decision in the suits. The above cases are now posted providing long adjournment and one of the cases, it is stated, is posted to 03/07/2010. In both cases, after filing of written statements by the parties, the court has settled the issues after completing the preliminary steps. Both cases can be disposed of at the earliest is the submission of the counsel. I direct the court below to consider and examine whether the suits can be tried expeditiously giving them top priority in hearing. If service is complete and pretrial steps are over, the court below shall make every endeavor to dispose the suits within six months from the date of completion of the pretrial steps in the respective suits. Subject to the above directions, the writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE