IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 12016 of 2010(O) -------------------------- OS.191/2009 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): DEFENDANTS 1 T0 10 --------------------------------- 1. ARUNDHATHI, KUNNISSERIL VEEDU, KANNIMEL CHERRY, KILIKOLLOOR.P.O, KOLLAM. 2. ANITHA SHANAVAS, "ROHINI", VETTILATHAZHAM CHERRY, THARIKOVIL VATTOM VILLAGE, DECENT JUNCTION.P.O, KOLLAM. 3. MEENA ANIL KUMAR, GOKULAM, PUNTHALATHAZAM, KILIKOLLUR.P.O, KOLLAM. 4. YAMUNA SHAJI, KUNNISSERIL, KILIKOLLUR.P.O, KOLLAM. 5. LISSY RAJEEV, THENGILAZHAKAM, KANJAVELY.P.O, KOLLAM. 6. SIVADASAN, KUNNISSERIL, KANNIMEL CHERRY, KILIKOLLUR.P.O, KOLLAM. 7. SHANAVAS, "ROHINI", VETTILATHAZHAM CHERRY, THARIKOVIL VATTOM VILLAGE, DECENT JUNCITION.P.O, KOLLAM. 8. ANIL KUMAR, GOKULAM, PUNTHALATHAZAM, KILIKOLLUR.P.O, KOLLAM. 9. SHAJI, KUNNISSERIL, KANNIMEL CHERRY, KILIKOLLUR.P.O, KOLLAM. 10. RAJEEV, THENGILAZHIKKOM VEEDU, KANJAVELI.P.O, KOLLAM. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENT(S): PLAINTIFF/DEFENDANTS 11 & 12 ------------------------------------------- 1. LAL KUMAR GOPI.G, PATTATHUVILA 224, BHAVANA NAGAR, KADAPPAKADA.P.O, VADAKKEVILA VILLAGE, KOLLAM. 2. P.SUDHAKARAN, ARYA, WEST OF T.D.TEMPLE, CUTCHERRY WARD, KOLLAM-13. 3. M.MOHANAN, ASWATHY, SHAKTI KULANGARA, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------- W.P (C) No.12016 of 2010 -------------------------- Dated this the 6th April, 2010 J U D G M E N T In this writ petition, the reliefs sought for are as follows: "i. To call for the entire records relating to Exts.P1, P2, P6, P8 and P9. ii. Issue a writ or order directing the Sub Court, Kollam to dispose of Exts.P1, P2, P6, P8 and P9 expeditiously in accordance with law , at any rate, within a time frame to be fixed by this Hon'ble Court" 2. Petitioners are defendants in O.S No.191/2009 before the Sub Court, Kollam. The suit was one for partition and seeking cancellation of registered will. Copy of the plaint is produced as Ext.P1. Along with the suit I.A No.987/2009 for interim injunction was filed and it is stated that an ex parte order was granted. Copy of the order is produced as Ext.P3. 3. Learned counsel appearing for the petitioners point out that petitioners have filed their objections in I.A in which case an ex parte injunction was granted, which order is produced as Ext.P5. Petitioner therefore pressed for early W.P (C) No.12016 of 2010 2 hearing of the I.A. Petitioner had also filed I.A No.2460/2009 challenging the maintainability of the suit itself. Copy of the application is produced as Ext.P6. Thereafter, petitioner also filed I.A No.3336/2009 for appointment of an Advocate Commissioner for preparing plan and sketch with the assistance of a Taluk Surveyor. The grievance of the petitioner is that all these petitions are kept pending. Therefore, it is prayed that a direction may be issued to the court below to dispose of Exts. P1, P2, P6, P8 and P0. 4. In the light of the order that is proposed to be passed, notice to respondents is unnecessary. 5. When an ex parte order is granted, it will have to be heard on merit and disposed of within 30 days. That has not been done. It is also stated that in spite of the earnest efforts on the part of the petitioner, the matter is being adjourned. If that be so, the direction sought for is just and reasonable. In the result, there will be a direction to the Sub Court, Kollam to take up I.A No.987/2009 and other W.P (C) No.12016 of 2010 3 petitions and dispose of the same, on merits, as expeditiously as possible, at any rate, within one month from the date of re-opening of the courts after summer vacation. The Writ Petition is disposed of, as above. P.BHAVADASAN, JUDGE ma W.P (C) No.12016 of 2010 4 W.P (C) No.12016 of 2010 5