IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 3438 of 2008(H) ------------------------- OS.49/2003 of SUB COURT, OTTAPPALAM .................... PETITIONER: ---------------------- VALSALA HARIDASA MENON, W/O. LATE GOPALAKRISHNAN NAIR, RESIDING AT PATHATH KALAM, PALLIKURUP, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------------------ 1. GEETHA SATHYAN, D/O. LAKSHMIKUTTY AMMA, RESIDING AT 'SARAS', RAMAN KARTHA ROAD, CHERANELLOOR, COCHIN. 2. M.MURALEEDHARAN, S/O. LAKSHMIKUTTY AMMA, VERKOTE HOUSE, KONGAD, PALAKKAD. 3. INDIRA MANGHAT, D/O. LATE GOPALAKRISHNAN NAIR, 'INDUKRISHNA', RAVIPURAM ROAD, COCHIN. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3438 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of January, 2008. J U D G M E N T This writ petition is filed with a prayer to direct the Subordinate Judge, Ottappalam to adjourn the trial of O.S.49/03 and also for a direction to the Subordinate Judge, Ottappalam to issue copies of the orders passed in I.A.Nos.252/08 and 256/08. The suit is one for partition. The plaintiffs are claiming the property on the strength of a Will No.46/90 whereas the first defendant is claiming the property on the strength of a Will No.31/90. It is submitted that the first defendant is the person to be examined and she is undergoing treatment and she will not be in a position to attend the Court for a period of one month. The suit is of the year 2003 and I feel the Court can show some indulgence and therefore I direct the Subordinate Judge, Ottappalam to remove the case from the list and post it for trial during the first week of March, 2008. Meanwhile he may issue copies of W.P.C 3438 OF 2008 -:2:- the orders applied for and in case any prayer is made on behalf of the parties for production of the Will of the husband of the 11th defendant, ten days further time may be given for production of the Will. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-