IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 OP(C).No. 1076 of 2010(O) ------------------------- AS.156/2009 of DISTRICT COURT,KOLLAM EP NO.207/2009 IN OS.408/1993 of SUB COURT,KOLLAM .................... PETITIONER ------------------------------ ANANDAN, AGED 75 YEARS, S/O.BHASKARAN, PUTHUVAL VEEDU, PEROOR TKMC P.O., KOLLAM. BY ADV. SRI.V.JAYAPRADEEP SRI.SANEESH KUNJUKUNJU RESPONDENT(S): --------------- SIVARAJAN, AGED 65 YEARS, S/O.BHASKARAN, PADINJARE PUTHUVAL PUTHEN VEEDU, VENKEKKARA KADAVU, MATHILIL PO., THRIKKADAVOOR, KOLLAM - 691 601. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1076 of 2010 -------------------------------------- Dated this the 9th day of December, 2010. JUDGMENT This petition is for direction for speedy disposal of A.S.No.156 of 2009 of the court of learned District Judge, Kollam. Petitioner, said to be a coolie now aged about 75 years and ailing from chronic hypoglycaemia and hypertension obtained a decree for partition in O.S.No.408 of 1993. Final decree has also been passed and at a time when petitioner filed execution petition to execute the decree, respondent filed A.S.No.156 of 2009 which is pending consideration. Learned counsel says that apart from the illness of petitioner as stated above, his only son is suffering from cancer (Ext.P3 is produced to prove that). In the circumstances petitioner desires to have the final decree executed during his life time so that he can independently deal with the share allotted to him. Having regard to the facts and circumstances stated by learned counsel, I am inclined to think that this is a case which requires early disposal notwithstanding that the appeal is of the year 2009. Learned District Judge is directed to dispose of the appeal as early as possible giving it top priority considering the facts stated above. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks